Judicial Precedent for AS 0.0 / 5 ? LawJudicial precedentASAll boards Created by: GabbyWCreated on: 24-09-15 03:29 Judicial Precedent or Case Law Pevious judicial decision or proceeding that must be relied upon for future similar cases 1 of 10 Stare Decisis 'Stand by what has been decided and do not unsettle the established' 2 of 10 Ratio Decidendi 'Reason for deciding' 3 of 10 Obiter Dicta 'Other things said' 4 of 10 Binding Precedent A decided case which a court MUST follow by law. 5 of 10 Persuasive Precedent A previous decision which DOES NOT have to be followed. 6 of 10 Original Precedent A decision made on a point of law that has no previous judicial decision. 7 of 10 Distinguishing If the precedent has different facts to the present case then the precedent is avoided. 8 of 10 Overruling Where a higher court , in a later (different) case, overturns the decision of the precedent in a lower court. 9 of 10 Reversing A higher court in the same case overturns the decision of a lower court. 10 of 10
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