Judicial Precedent
- Created by: cbsarah
- Created on: 05-04-19 16:01
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- Judicial Precidant
- Judges Desisions
- Ratio Decidendi
- Reason for decision
- Binding
- Reason for decision
- Obiter Dicta
- Other things said
- Persuasive precident
- Other things said
- R V Howe
- R V Gotts
- Ratio Decidendi
- Court Hierarchy
- Each court is bound by the ones above
- Each court is bound by their own desisons (Supreme court exeption)
- Distinguishing
- If case is similar matter but different facts precident isn't binding, only pursuasive.
- Balfour V Balfour
- Merit V Merit
- Balfour V Balfour
- If case is similar matter but different facts precident isn't binding, only pursuasive.
- Overruling
- Higher courts can overrule lower courts
- Supreme court can overrule own decisions by using practice statement (1966)
- Davis V Johnson
- Pepper V Hart
- Types of Precedent
- Binding
- Other courts must follow
- Ratio Decidendi
- Pursuasive
- Can follow if relevant
- Can be courts and cases from other countries
- Original
- Cases with no previous precedent where one is created
- Binding
- Judges Desisions
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