OCR Law for AS - Judicial precedent

unit 2 revision sources of law

  • Created by: Georgia
  • Created on: 07-12-12 09:32
Laws made by the judges
judicial precedent
1 of 20
stand by what has been decided and do not unsettle the established
stare decisis
2 of 20
creates a precedent for judges to follow in the future
ratio decidendi
3 of 20
A judge's incidental expression of opinion, not essential to the decision and not establishing precedent.
obiter dicts
4 of 20
if a precedent has not been made the decision of the judge will count for any future like cases
original precedent
5 of 20
precedent from earlier case which must be followed even if the judge does not agree
binding precedent
6 of 20
not binding on the court, but the judge may consider it and decide that it is a correct principle so he is persuaded that he should follow it.
persuasive precedent
7 of 20
lowest court in a civil and criminal case
magistrates court
8 of 20
how many courts are in the hierarchy in civil cases
seven
9 of 20
how many courts are in the hierarchy in criminal cases
six
10 of 20
what is the highest court in both civil and criminal cases
european court of justice
11 of 20
what was formally known as the house of lords
the supreme court
12 of 20
stresses that criminal law needs to be certain
practice statement
13 of 20
two divisions of this court the civil and criminal
the court of appeal
14 of 20
method used by the judge to avoid following a past decision which he would otherwise have to follow
distinguishing
15 of 20
court in a later case states that the legal rule decided in an earlier case is wrong
overruling
16 of 20
court higher up can reverse a decision
reversing
17 of 20
advantage of judicial precedent
certainty
18 of 20
another advantage of judicial precedent
consistency
19 of 20
disadvantage of judicial precedent
rigidity
20 of 20

Other cards in this set

Card 2

Front

stand by what has been decided and do not unsettle the established

Back

stare decisis

Card 3

Front

creates a precedent for judges to follow in the future

Back

Preview of the front of card 3

Card 4

Front

A judge's incidental expression of opinion, not essential to the decision and not establishing precedent.

Back

Preview of the front of card 4

Card 5

Front

if a precedent has not been made the decision of the judge will count for any future like cases

Back

Preview of the front of card 5
View more cards

Comments

valentina

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This is quite helpful

J Drabble

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Quick, self testing tool on key terminology - allows students to demonstrate their learning and self assess understanding!

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