Precedent
- Created by: Austen Poole
- Created on: 08-05-17 11:49
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- Precedent
- Types
- Binding
- To be followed by lower courts in future cases that are similar
- The Ratio Decidendi must be followed
- The reason for the decision
- This means consistency and certainty
- The reason for the decision
- The Ratio Decidendi must be followed
- R v Howe
- Decision - duress is not an offence for murder
- To be followed by lower courts in future cases that are similar
- Original
- Where a new precedent is created
- Donoghue vs Stevenson
- Decision - the manufacturer has a duty of care to the consumer
- Persuasive
- It can influence decisions
- An idea or concept that is put forward by a judge, that is not binding, but could influence the judges thinking
- An obiter dicta
- R v Gotts
- Decisions of the lower courts
- The privvy council
- They hear appeal cases from other countries in the commonwealth, using that countries laws
- These cannot be binding, but are very persuasive
- They hear appeal cases from other countries in the commonwealth, using that countries laws
- The law of foreign countries
- Dissenting judgement
- This is when the judges all disagree with each other
- Binding
- The supreme court
- Very few cases get heard in the SC. This means that the ability to put right problematic precedent is very limited.
- If the SC had wider powers, problematic precedent could be sorted out on a wider scale
- If its powers were wider, certainty in the court would be lower.
- Very few cases get heard in the SC. This means that the ability to put right problematic precedent is very limited.
- Types
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