Judicial Precedent Keywords

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  • Created by: cg97
  • Created on: 09-09-13 14:44
Stare Decisis
To stand by what has been decided.
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Per Incuriam
The decision is found to be based on a mistake and is therefore not a binding precedent.
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The Practice Statement 1966
A statement made by Lord Gardiner in 1966 which permits the House of Lords to depart from its own decisions.
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Ratio Decidendi
The legal reason for the decision.
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Original Precedent
A precedent is created to deal with a new situation or when there is no existing law.
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Obiter Dicta
Things said 'by the way' or 'other things said'.
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Binding Precedent
A precedent which must be followed.
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Persuasive Precedent
A precedent which may be followed should judges so choose.
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Distinguishing
The judge does not follow the decision in an earlier case because the facts are materially different.
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Other cards in this set

Card 2

Front

The decision is found to be based on a mistake and is therefore not a binding precedent.

Back

Per Incuriam

Card 3

Front

A statement made by Lord Gardiner in 1966 which permits the House of Lords to depart from its own decisions.

Back

Preview of the back of card 3

Card 4

Front

The legal reason for the decision.

Back

Preview of the back of card 4

Card 5

Front

A precedent is created to deal with a new situation or when there is no existing law.

Back

Preview of the back of card 5
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Comments

J Drabble

A simple, yet effective key word revision card sort  - to develop understanding students could identify relevant case law for each key term and provide explanations of the same.

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