Judicial Precedent for AS

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  • Created by: GabbyW
  • Created on: 24-09-15 03:29
Judicial Precedent or Case Law
Pevious judicial decision or proceeding that must be relied upon for future similar cases
1 of 10
Stare Decisis
'Stand by what has been decided and do not unsettle the established'
2 of 10
Ratio Decidendi
'Reason for deciding'
3 of 10
Obiter Dicta
'Other things said'
4 of 10
Binding Precedent
A decided case which a court MUST follow by law.
5 of 10
Persuasive Precedent
A previous decision which DOES NOT have to be followed.
6 of 10
Original Precedent
A decision made on a point of law that has no previous judicial decision.
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Distinguishing
If the precedent has different facts to the present case then the precedent is avoided.
8 of 10
Overruling
Where a higher court , in a later (different) case, overturns the decision of the precedent in a lower court.
9 of 10
Reversing
A higher court in the same case overturns the decision of a lower court.
10 of 10

Other cards in this set

Card 2

Front

'Stand by what has been decided and do not unsettle the established'

Back

Stare Decisis

Card 3

Front

'Reason for deciding'

Back

Preview of the back of card 3

Card 4

Front

'Other things said'

Back

Preview of the back of card 4

Card 5

Front

A decided case which a court MUST follow by law.

Back

Preview of the back of card 5
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