'Stand by what has been decided.' Follow the law decided in previous cases for certainty and fairness.
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Ratio decidendi
'Reasons for deciding.' The part of the judgement which creates the law.
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Obiter dicta
'Other things said.' The other parts of the judgement -these do not create law.
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Binding precedent
'A previous decision which has to be followed.' Decisions of previous courts bind lower courts.
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Persuasive precedent
'A previous decision which does not have to be followed.' The court may be persuaded that the same legal decision should be made.
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Original precedent
'A decision in a case where there is no previous legal decision or law for the judge to use.' This leads to judges making law.
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Distinguishing
'A method of avoiding a previous decision because facts in the present case are different.' e.g. Balfour v Balfour and Merritt v Merritt
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Overruling
'A decision which states that a legal rule in an earlier case is wrong.' e.g. in Pepper v Hart the house of Lords overruled Davis v Johnson on the use of the Hansard
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Reversing
'Where a higher court in the same case overturns the decision in the lower court.' This can only happen if there is an appeal in the case.
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Other cards in this set
Card 2
Front
'Reasons for deciding.' The part of the judgement which creates the law.
Back
Ratio decidendi
Card 3
Front
'Other things said.' The other parts of the judgement -these do not create law.
Back
Card 4
Front
'A previous decision which has to be followed.' Decisions of previous courts bind lower courts.
Back
Card 5
Front
'A previous decision which does not have to be followed.' The court may be persuaded that the same legal decision should be made.
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