OCR Law for AS - Judicial precedent

unit 2 revision sources of law

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  • Created by: Georgia
  • Created on: 07-12-12 09:32

1. 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
  • leading precedent
  • right precedent
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2. what is the highest court in both civil and criminal cases

  • european court of justice
  • european court of human rights
  • queens bench divison

3. disadvantage of judicial precedent

  • difficult
  • rigidity
  • hard

4. two divisions of this court the civil and criminal

  • supreme court
  • the court of appeal
  • the court of human rights

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

  • obiter dicts
  • ratio decidendi
  • stare decisis
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