Precedent

Created by: Jemina
Created on: 10-04-17 22:08

Original Precedent

This occurs when a set of facts is brand new to the courts so there is no existing precedent. E.g. Donoghue v Stevenson (1932)

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Stare Decisis

This means to stand by a previous decision that was made. E.g. in the case of Grant v Australian Knitting Mills (1935) they stood by the decision of Donoghue v Stevenson (1932).

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Binding

Costa are bound to follow the decisions of the higher courts. For example, a decision made in the Supreme Court must be followed by the Crown Court.

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Binding Authority/Ratio Decidendi

This is a point of law made by a judge during their judgement. For example, in Howe (1987) the judge ruled that duress is not an available defence for murder, which is a binding decision because it has been applied to the specifics of the case.

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Persuasive Authority/Obiter Dicta

This refers to other things said in a judgement, which may not specifically relate to the case. These things are not binding, they are more of a recommendation. In Howe (1987) the judge said that duress shouldn't be a defence for attempted murder.

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Other cards in this set

Card 2

Front

This means to stand by a previous decision that was made. E.g. in the case of Grant v Australian Knitting Mills (1935) they stood by the decision of Donoghue v Stevenson (1932).

Back

Stare Decisis

Card 3

Front

Costa are bound to follow the decisions of the higher courts. For example, a decision made in the Supreme Court must be followed by the Crown Court.

Back

Card 4

Front

Back

Card 5

Front

Back

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Precedent