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Judicial Precedent

Unit 1

QuestionAnswer
Stare decisis et non quieta movere stand by the decided and do not unsettle the established
Res judicata the decision
Ratio decidendi legal reasons they used to get to their decision. forms precedent( R v R 1991, Rv Bentham 2005)
Obiter dicta things said "by the way", irrelavent ( R v Howe 1987, Hill v Baxter 1958)
Dissenting judgements minority judgments, minority of judges came to same decision but for different reasons
What is judicial precedent? the source of law where past decisions of the Judges create law fro future Judges to follow
Binding precedent when a decision is made that must be followed by all others in the future for similar cases even if they don't agree
Persuasive precedent Don't have to use it because: it was made by a lower court or another commonwealth country, its obiter dicta statements, its dissenting judgments.
Reason for law reporting 1535-1865 cases were reported by individuals who sold them to lawyers bu their accuracy varied from reporter to reporter
Incorporated Council of Law Reporting Set up in 1865 and controlled by courts, produces official law reports which are written by trained barristers
R v Bentham Robbery with fake gun which was his hand, arrested fro robbery and possession of an imitation firearm Judge said "one cannot posses something which is not separate + distinct from oneself"
R v Howe Forced to kill someone under duress, HoL decided that duress was not a defense to murder. Also said that it would not be a defense for attempted murder.
Hill v Baxter Fell asleep whilst driving and drove into people . Found guilty of not stopping when feeling drowsy. Gave fictional example of being stung by swarm of bees.
What is original precedent? Created when a Judge decides a case who's facts have never been seen before. This might mean looking for similar cases to get to the decision.
Donoghue v Stevenson
Created by: isobelkirtley
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