Judicial Precedent: The Three Precedents 0.0 / 5 ? LawJudicial precedentASAQA Created by: JakechannonCreated on: 03-05-17 14:18 What are the 3 kinds of Precedents? Original, Binding and Persuasive 1 of 9 What is the definition of Original Precedents? When a case raises a new point of law that has never been decided before 2 of 9 How is this Original Precedents made? Judges look at cases which are closest in principle and could apply similar rules 3 of 9 Donoughe V Stevenson The House of Lords created an orginal Precedents called "negligence" the ratio is "manufacturers owe a duty of care to consumers of their products" 4 of 9 What is Binding Precedents? Where the ratio decidendi of a case in a senior court must be followed when a later case raising the same point of law is heard in a lower court 5 of 9 Grant v Australian Knitting Mills The Ratio Decidendi of Donoughe V Stevenson must be followed as it was heard in a higher court on the same point of law 6 of 9 What is Persuasive Precedent? This is a decision that a court is not bound to follow but can choose to follow if it wishes 7 of 9 Where does Persuasive Precedents come from? something said ‘obiter dicta’ In an earlier case or a decision of a lower court 8 of 9 R V R an example of persuasive precedent. The House of Lords was persuaded by the ratio decidendi from the Court of Appeal 9 of 9
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