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Law unit 1
Judicial precedent
| Where do our Laws come from? | Parliament Other bodies (delegated legislation) EU Case law from english court |
| What is precedent? | Case law/ common law |
| What are the two types of precedent? | Binding Persuasive |
| What is binding precedent | Decision that must be followed in similar cases |
| What is persuasive precedent | Decision that doesn't have to be followed even in similar cases |
| What is Law reporting? | Official law reports written up by trained barristers which are available online |
| How do you know what courts are bound by which? | Courts are you usually bound by higher courts and courts of the same level |
| What courts are bound by the EU court of justice | No Uk courts |
| What courts are bound by the court of appeal | All other courts in english legal system |
| What courts are bound by divisional courts | Itself, High court and all lower courts |
| What courts are bound by the high court | Country Magistrates |
| What courts are bound by the crown court | Possibly Magistrates court |
| What does " stare decisis " mean | stand by the decided |
| What does " res judicata " mean | the decision of the court |
| What does " ratio decidendi " mean | reason behind judges decision |
| What does " obiter dicta " mean | things said by the way (persuasive) |
| What is a case example of ratio decidendi | R v Bentham |
| What is a case example of obiter dicta | R v Howe (persuasive) |
| What is original precedent? | When no law made by past judges can be applied so new one is made |
| What is a case example of original precedent | Donohughe v Stevenson |
| What are two case examples of persuasive precedent | R v R R v Bentham |
| Whats the law that changed the supreme court from being bound by its own past decisions | Constitutional reform act 2005 |
| What are 3 case examples of the use of the Constitutional reform act 2005 | Herrington v British railways board R v R Shivpuri |
| Why is the practice statement important? | Helps the Law stay fair as it adopts to modern conditions |
| What are the 3 exceptions for the court of appeal to not have to follow their past decisions | When their decision has been overruled by the supreme court When there are 2 conflicting CoA decisions If they believe they have made a mistake |
| How can precedent be avoided | Distinguishing-spotting differences between material facts (Meritt v Meritt) Overruling - Rule from old case was wrong Reversing- higher court overturns lower courts decision in SAME case |
| What are the advantages of judicial precedent | Certainty Consistency Precision Flexibility Time-saving |
| What are the disadvantages of judicial precedent | Rigidity Complexity Slowness of growth |
Created by:
Taanvi