R V R- it was decided by the under english criminal law it is possible for a husband to **** his wife.
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What is binding precedent?
A decision made in earlier cases and must be followed in future cases.
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What is Persuasive precedent?
It is a decision which doesn't have to be followed in later cases, but which a judge may decide to follow.
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Courts lower in hierarchy
In R v R, the House of Lords followed the same reasoning as the court of appeal in deciding that a man could be guilty of ****** his wife.
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Judicial committee of the privy council
Sits outside of the court hierarchy so its decisions are not binding. However, supreme court judges sit in privy council so they are respected and their decision may still be followed.
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case for JCOTPC
Willers V joyce, privy council can direct the lower courts to follow its decision rather than the other courts.
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Statements made obiter dicta
In R v howe it was decided that duress wasnt a defense for murder, this was upholded in the future case R v Gotts.
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what is a dissenting judgment?
A judgment given by a judge who disagrees with the reasoning of the majority of judges in the case
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Decisions of courts in other countries
where other countries uses the same ideas of common law as in our country.
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Other cards in this set
Card 2
Front
What is binding precedent?
Back
A decision made in earlier cases and must be followed in future cases.
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