Law - Judge Made Law

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  • Created by: DanielV45
  • Created on: 03-03-22 09:41
Original Precedent
Point of law never been decided before.
Look at cases which are similar in fact to make decision.
1 of 5
Binding Precedent
Only binding for courts lower or a court on the same level. - Precedent set in Magistrates would not be taken into account in above courts
Facts of a previous case are sufficiently similar.
2 of 5
Persuasive Precedent - PART 1
Courts lower in the Hierarchy - R v R (1981)
Decisions of the Judicial Committee of the privy Council - Not part of Court Hierarchy, Many Judges Part of Supreme Court.
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Persuasive Precedent Part 2
Statements made in Obiter Dicta - R v Howe 1987.
CoA ruled that duress is not a defence to murder.
Obiter Statement - 'Duress would not be a defence to attempted murder'
Followed as a persuasive Precedent for R v Gotts (1992)
4 of 5
Persuasive Precedent Part 3
Dissenting Judgement - A disagreeing Judge in CoA -> appeal to Supreme.
We agree with reasons for dissenting Judgement
Decisions from Courts in Other Countries; Canada, Australia, New Zealand
5 of 5

Other cards in this set

Card 2

Front

Only binding for courts lower or a court on the same level. - Precedent set in Magistrates would not be taken into account in above courts
Facts of a previous case are sufficiently similar.

Back

Binding Precedent

Card 3

Front

Courts lower in the Hierarchy - R v R (1981)
Decisions of the Judicial Committee of the privy Council - Not part of Court Hierarchy, Many Judges Part of Supreme Court.

Back

Preview of the back of card 3

Card 4

Front

Statements made in Obiter Dicta - R v Howe 1987.
CoA ruled that duress is not a defence to murder.
Obiter Statement - 'Duress would not be a defence to attempted murder'
Followed as a persuasive Precedent for R v Gotts (1992)

Back

Preview of the back of card 4

Card 5

Front

Dissenting Judgement - A disagreeing Judge in CoA -> appeal to Supreme.
We agree with reasons for dissenting Judgement
Decisions from Courts in Other Countries; Canada, Australia, New Zealand

Back

Preview of the back of card 5

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