Judicial Precedent Crossword 4.5 / 5 based on 2 ratings ? LawJudicial precedentASAQA Created by: osa_piggottrCreated on: 27-03-17 11:11 'To stand by what has been decided' Stare decisis 1 of 15 'The reason for deciding' Ratio decidendi 2 of 15 The ratio decidendi of this case is that duress is not a defence for murder Howe 3 of 15 'Other things said' Obiter dicta 4 of 15 The obiter dicta of the case Howe (1987) was used in what case? Gotts 5 of 15 The obiter dicta of the case Brown (1993) was used in what case? Wilson 6 of 15 A type of precedent that must be followed Binding 7 of 15 A type of precedent that may be followed Persuasive 8 of 15 A method of avoiding precedent: Looking at the differences in the cases Distinguishing 9 of 15 Method of avoiding precedent: Where a higher court sets aside the ruling established in a previous case Overruling 10 of 15 Accurate records of the decisons of courts Law reports 11 of 15 When a decision is found to be based on a mistake, and is therefore not a binding precedent Per incuriam 12 of 15 An advantage of Judicial Precedent: Allows lawyers to advise with some degree of certainty redictbility 13 of 15 A disadvantage of Judicial Precedent: The law created by judges is backards looking Retrospective 14 of 15 A precedent was set using the decision of a Scottish court, what is the name of the case? RvR 15 of 15
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