Law unit 1 -JP 4.0 / 5 based on 1 rating ? LawJudicial precedentASAQA Created by: jjbarnesCreated on: 02-10-18 11:35 what are the 3 things needed for JP to work properly? 1) a settled court structure. 2) a ratio decidendi which arises through a judge. 3) accurate law reporting 1 of 9 what is the court structure? 1)European court of justice 2) Supreame court 3) court of appeal 4)Divisional court 5)high court 6)crown court 7)county and magistrates court 2 of 9 what does ratio decidendi mean and what does it create? 'reason for deciding' and creates a binding precedent 3 of 9 what are the examples used for ratio decidendi? R v howe and Donoghu v Stevenson 4 of 9 what does obiter dicta mean and do/not do? 'other things said' and does not create a binding precident 5 of 9 what are examples used for obiter dicta? R v Howe and R v Brown 6 of 9 what are the 5 ways to avoid following precedent? 1)Supreame court and the practise statement 2) The court of appeal and the youngs case 3)Distinguishing 4)Overruling 5)Disapproving 7 of 9 what did the 1966 practise statement allow? it allowed the house of lords to depart from its own previous decisions 'when it apears right to do so' 8 of 9 what is the case example for distinguishing? Belfore v Belfore did not follow Meritt v Meritt 9 of 9
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