Unit 1 Law

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  • Created by: _marxlee
  • Created on: 08-04-16 16:49
What is meant by stare decisis?
Other things said
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What is meant by obiter dicta?
Other things said
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What is meant by ratio decidendi?
reasons for the decision
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What is meant by binding precedent?
a previous case or legal decision that may be or must be followed in subsequent similar cases
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What is meant by persuasive precedent?
precedent, which a judge is not obliged to follow
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What is meant by res judicata?
once a case has reached its final conclusion it cannot be reopened, even if a later decision in another case has been reached in a different way
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How can the Supreme Court avoid precedent?
use the practice statement
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Which two cases link to The supreme court in avoiding precedent?
Herrington v BRB, Addie v Dumbreck
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What can the Court of Appeal use to avoid precedent?
Young v Bristol Aeroplane 1944
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What is meant by overruling?
this is where a court higher in the hierarchy departs from a decision made in a lower court. The previous decision is no longer binding.
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What case is linked to overruling?
R v R 1991
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What is meant by distinguishing?
this is where the facts of the case are deemed sufficiently different so that the previous case is no longer binding.
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What cases link to distinguishing?
Balfour v Balfour 1919, R v Brown 1993, R v Wilson 1996
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What is meant by reversing?
This is where a higher court departs from the decision of the lower court on appeal.
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What are the 5 advantages of judicial precedent?
1.Certainty, 2.Consistency and fairness in the law, 3.Flexibility, 4.Time-saving, 5.Precision
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What are the 4 disadvantages of judicial precedent?
1.Rigidity,2.Complexity,3.Illogical distinctions, 4.Slowness of growth
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What is law reporting?
Written reports of cases which can be accessed online, in newspapers or in All England Law Report books
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What is a Bill
A proposal presented to the House of Commons
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What is the first stage of reading a bill?
Green paper
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What is the second stage of reading a bill?
White paper
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What is the third stage of reading a bill?
First reading
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What is the fourth stage of reading a bill?
Second reading
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What is the fifth stage of reading a bill?
Commitee Stage
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What is the sixth stage of reading a bill?
Report stage
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Other cards in this set

Card 2

Front

What is meant by obiter dicta?

Back

Other things said

Card 3

Front

What is meant by ratio decidendi?

Back

Preview of the front of card 3

Card 4

Front

What is meant by binding precedent?

Back

Preview of the front of card 4

Card 5

Front

What is meant by persuasive precedent?

Back

Preview of the front of card 5
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