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Law Making precedent

Judicial Precedent

QuestionAnswer
What is the point of judicial precedent? Consistency (but less flexibility)
R v R Courts changed the law on marital rape
What is the ratio of a precedent? Reason for the decision/key rule of the case
What is obiter dicta? Other things said by the judge, broadening the precedent (persuasive - not binding)
What is dissenting? When the minority of Judges disagree and outline their reasons e.g., RCN v DHSS
What is persuasive precedent? Precedent that is non-binding but recommended to be used
Howe Ratio: Duress can't be used as a defence for murder (or attempted murder - Obiter Dicta)
Gotts Followed obiter in Howe & created binding precedent that duress can't be used as a defence for Attempted Murder
R v Davis D can't be convicted of murder solely on evidence of anonymous witnesses -> Criminal Evidence (Witness Anonymity) Act
What is the importance of law reports to precedent? Outlines ratios helping lawyers preventing inconsistency
London Street Tramways v London County Council Unless glaring error, said HL couldn't reverse previous decisions - parliaments job
What is the Practice Statement 1966 Allows Supreme Court to overule previous decisions
Herrington v BRB Overruled Addie v Dumbreck making use of the Practice Statement 1966
Shivpuri Overruled Anderton v Ryan making use of the Practice Statement 1966
Young v Bristol Aeroplane outlines exceptions to Court of Appeal following SC/HL and itself. Confirmed by HL in Davis v Johnson
When may the Court of Appeal not follow SC/HL and itself? previous CA decision conflicts, or overruled by HL/SC, or made per incuriam (glaring error) - Young v Bristol Aeroplane
What precedent does the judicial committee of the privy council produce? Persuasive, unless court states it will be binding
How may a precedent be avoided? FORD
Balfour v Balfour Merritt distinguished from this: Presumption upheld - no intent to be legally binding
Merritt v Merritt Distinguished from Balfour v Balfour: Seperated so doesn't follow presumption - intent
Ivey v Genting Casinos (*dust?) Civil case changed civil and criminal meaning of "dishonesty". Confirmed by Barton and Booth overulling Ghosh test
Created by: Oscar.G
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