Types of Judicial Precedent

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  • Created by: WgouldUk
  • Created on: 28-03-16 11:13
Original Precedent
When a case raises a new point of law that has never before been decided, the Judges must make a decision on that point of law as seen through technological and medical advances. That decision will become an original Precedent.
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Original Precedent case example
Donoghue V Stevenson created the Tort of Negligence
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Binding Precedent
The ratio decidendi of a case in a senior Court must be followed when a later case raising the same point of law is heard in a lower Court. The ratio therefore forms a binding precedent.
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Binding Precedent case example
Grant V Australian Knitting Mills was bound to follow a previous Original Precedent made by the Court in the case of Donoghue V Stevenson
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Persuasive Precedent
This is a decision that a Court is not bound to follow but can chose to follow if it wishes. Persuasive Precedents come from a variety of sources, i.e.) something said 'Obiter dicta' in an earlier case or a decision of a lower Court
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Persuasive Precedent case example
RVR (1991)Ratio was persuasive from a decision made in the High Court. The case of RV Gotts chose to follow the 'Obiter dicta' of RV Howe- that duress is not a defence to attempted murder.
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How to remember the types of Judicial Precedent
BOP- Bop it! B- binding O- original P- persuasive
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Other cards in this set

Card 2

Front

Donoghue V Stevenson created the Tort of Negligence

Back

Original Precedent case example

Card 3

Front

The ratio decidendi of a case in a senior Court must be followed when a later case raising the same point of law is heard in a lower Court. The ratio therefore forms a binding precedent.

Back

Preview of the back of card 3

Card 4

Front

Grant V Australian Knitting Mills was bound to follow a previous Original Precedent made by the Court in the case of Donoghue V Stevenson

Back

Preview of the back of card 4

Card 5

Front

This is a decision that a Court is not bound to follow but can chose to follow if it wishes. Persuasive Precedents come from a variety of sources, i.e.) something said 'Obiter dicta' in an earlier case or a decision of a lower Court

Back

Preview of the back of card 5
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