judicial precedent

  • Created by: aqsa244
  • Created on: 04-10-17 18:00
Stare decisis
To stand by what has been decided
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Ratio decidendi
The reason for that decision
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Obiter dicta
Other things said
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original precedent
If the point of law on a case has never been decided before, then whatever the judges decide will form new precedent for future cases to follow
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Binding precedent
This is a precedent from an earlier case which must be followed even if the judge in the later case does not agree with the legal principle.
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Persuasive Precedent
This is a precedent that is not binding on the court but the judge may consider it and decide that it is a correct principle so he is persuaded that he should follow it.
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Judicial Precedent
Judicial precedent refers to the source of law where past decisions of the judges create law for future judges to follow
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practise statement
From 1966 the practise statement allowed the House of lords to change the law if they believed that an earlier case was wrongly decided. The first major use did not occur until 1972 in -Herrington v British railway (1972).
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practise statement
British Railways Board v Herrington (1972) Overruled Addie v Dumbreck (1929) On the duty of care owed to a child trespasser
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statutory interpretation
When judges interpret a parliament act (statue)
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Other cards in this set

Card 2

Front

The reason for that decision

Back

Ratio decidendi

Card 3

Front

Other things said

Back

Preview of the back of card 3

Card 4

Front

If the point of law on a case has never been decided before, then whatever the judges decide will form new precedent for future cases to follow

Back

Preview of the back of card 4

Card 5

Front

This is a precedent from an earlier case which must be followed even if the judge in the later case does not agree with the legal principle.

Back

Preview of the back of card 5
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