Paper 2 section A

Get Revising

Created by: kathrynjjj
Created on: 05-05-23 17:35

What is persuasive precedent?

where a judge is not obligated to follow the precedent but can do so if he wishes

1 of 6

whats one type of persuasive precedent?

Obiter dicta.
This is where the judge speculates on his ratio decidendi if the facts of the case had been different.

2 of 6

What is the case for obiter dicta?

in R v Howe the ratio was that the duress could not be a defence for murder.
This was later followed in R V Gotts

3 of 6

What does ultra vires mean?

Goes beyond the power granted in the parent act- it will then be null and void

4 of 6

What are the types of ultra vires?

Procedural uv- where the dl does not follow the correct procedure set out in the parent act

Substantive uv- goes beyond the power granted in the parent act

Wednesday unreasonabless- where the dl is so unjust and preverse that no reasonable person wouldv

5 of 6

Case for substantive uv

in AG v Fulham Corp where the baths and warehouses act 1846 allowed local authorities to set up clothes washing facilities for the public.
However, they set a commercial laundry which required payment. This was not allowed so it was declared UV.

6 of 6

Other cards in this set

Card 2

Front

whats one type of persuasive precedent?

Back

Obiter dicta.
This is where the judge speculates on his ratio decidendi if the facts of the case had been different.

Card 3

Front

What is the case for obiter dicta?

Back

Card 4

Front

What does ultra vires mean?

Back

Card 5

Front

What are the types of ultra vires?

Back

View more cards

Get Revising

Paper 2 section A