Unit 1 Law 0.0 / 5 ? LawJudicial precedentParliamentary law makingStatutory legislationThe Criminal courts and lay peoplelegal systemA2/A-levelAQA Created by: _marxleeCreated on: 08-04-16 16:49 What is meant by stare decisis? Other things said 1 of 24 What is meant by obiter dicta? Other things said 2 of 24 What is meant by ratio decidendi? reasons for the decision 3 of 24 What is meant by binding precedent? a previous case or legal decision that may be or must be followed in subsequent similar cases 4 of 24 What is meant by persuasive precedent? precedent, which a judge is not obliged to follow 5 of 24 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 6 of 24 How can the Supreme Court avoid precedent? use the practice statement 7 of 24 Which two cases link to The supreme court in avoiding precedent? Herrington v BRB, Addie v Dumbreck 8 of 24 What can the Court of Appeal use to avoid precedent? Young v Bristol Aeroplane 1944 9 of 24 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. 10 of 24 What case is linked to overruling? R v R 1991 11 of 24 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. 12 of 24 What cases link to distinguishing? Balfour v Balfour 1919, R v Brown 1993, R v Wilson 1996 13 of 24 What is meant by reversing? This is where a higher court departs from the decision of the lower court on appeal. 14 of 24 What are the 5 advantages of judicial precedent? 1.Certainty, 2.Consistency and fairness in the law, 3.Flexibility, 4.Time-saving, 5.Precision 15 of 24 What are the 4 disadvantages of judicial precedent? 1.Rigidity,2.Complexity,3.Illogical distinctions, 4.Slowness of growth 16 of 24 What is law reporting? Written reports of cases which can be accessed online, in newspapers or in All England Law Report books 17 of 24 What is a Bill A proposal presented to the House of Commons 18 of 24 What is the first stage of reading a bill? Green paper 19 of 24 What is the second stage of reading a bill? White paper 20 of 24 What is the third stage of reading a bill? First reading 21 of 24 What is the fourth stage of reading a bill? Second reading 22 of 24 What is the fifth stage of reading a bill? Commitee Stage 23 of 24 What is the sixth stage of reading a bill? Report stage 24 of 24
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