Law unit 1 -JP

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  • Created by: jjbarnes
  • Created 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
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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
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what does ratio decidendi mean and what does it create?
'reason for deciding' and creates a binding precedent
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what are the examples used for ratio decidendi?
R v howe and Donoghu v Stevenson
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what does obiter dicta mean and do/not do?
'other things said' and does not create a binding precident
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what are examples used for obiter dicta?
R v Howe and R v Brown
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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
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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'
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what is the case example for distinguishing?
Belfore v Belfore did not follow Meritt v Meritt
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Card 2

Front

what is the court structure?

Back

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

Card 3

Front

what does ratio decidendi mean and what does it create?

Back

Preview of the front of card 3

Card 4

Front

what are the examples used for ratio decidendi?

Back

Preview of the front of card 4

Card 5

Front

what does obiter dicta mean and do/not do?

Back

Preview of the front of card 5
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