LAW - Judicial Precedent

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  • Created by: bushra
  • Created on: 20-12-12 15:54
what is Precedent?
Precedent is based on the term; stare decisis (which means stand by what has been decided)
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Types of Precedent
Original; case: Hunter v canary wharf, Binding - Ratio, Persuasive - Obiter dicta- 1) Dissenting, 2) decisions inother countries, 3) decisions in lower courts
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Ways of avoiding Precedent and Cases
Distinguishing - balfour v balfour, Overruling - Hedley byrne v Heller ovrl. Candler v Crane christmas, Reversing - Fitzpatrick v Sterling housing Asso.
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What is the Practise statement?
The Practice Statement of 1966 allowed the then-highest court (The House of Lords) to depart from its own previous decisions and thus gave it the ability to depart from precedent set by itself.
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Cases for Practise statement
Jones v ** Social services, Conway v Rimmer, R v Shivpuri, R v R, British Railways Board, Miliangos v George Frank
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What do you need to decide a precedent
Law report, Ratio decidendi, Court structure
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Other cards in this set

Card 2

Front

Types of Precedent

Back

Original; case: Hunter v canary wharf, Binding - Ratio, Persuasive - Obiter dicta- 1) Dissenting, 2) decisions inother countries, 3) decisions in lower courts

Card 3

Front

Ways of avoiding Precedent and Cases

Back

Preview of the front of card 3

Card 4

Front

What is the Practise statement?

Back

Preview of the front of card 4

Card 5

Front

Cases for Practise statement

Back

Preview of the front of card 5
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