Judicial Precedent: Judgement and point of law 0.0 / 5 ? LawThe JudiciaryASAQA Created by: JakechannonCreated on: 03-05-17 13:41 Judicial Precedent is based on... "Stare Decisis" or "let like cases be decided by like cases" 1 of 15 Court Hierarchy (Criminal) Magistrates-Crown-Queen's Bench-Court of Appeal-Supreme Court 2 of 15 Court Hierarchy (Civil) County Court-High Court-Chancery and Family-Court of Appeal-Supreme Court 3 of 15 Law Reports Reporters take note of legal arguments that may set precedences or can be used in future cases 4 of 15 In what form are law reports published Weekly Law Reports, Monthly law reports, All England Law Reports, 5 of 15 Point of Law definition The Journey to a verdict 6 of 15 Judgement At the end of each law report judge makes judgement, split in Ratio Decidendi and Obiter Dicta 7 of 15 Definition of Ratio Decidendi Latin for "Reasoning for Decision" for an new point of law 8 of 15 Ratio Decidendi Legal point It is the "reasoning" behind the judge's verdict. It contains a point of law which sets a precedent 9 of 15 Is Ratio Decidendi Binding? Yes, as lower courts have to follow precedents created by Higher courts 10 of 15 Oxford V Moss Ratio: Information is not property and can not be stolen 11 of 15 Obiter Dicta Definition It means "Other things Said" when making a precedent 12 of 15 Obiter Dicta Use in Law The judge may speculate what the decision would have been if the facts of the case had been different 13 of 15 Is Obiter Dicta Binding? No, it is "persuasive" which means later cases can choose to look at this or not 14 of 15 R V Howe the judges said that duress should NOT be a defense to attempted murder.They choose to look at the Obiter from R v Gotts to make this verdict 15 of 15
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