Judicial Precedent Keywords 0.0 / 5 ? LawJudicial precedentASAQA Created by: cg97Created on: 09-09-13 14:44 Stare Decisis To stand by what has been decided. 1 of 9 Per Incuriam The decision is found to be based on a mistake and is therefore not a binding precedent. 2 of 9 The Practice Statement 1966 A statement made by Lord Gardiner in 1966 which permits the House of Lords to depart from its own decisions. 3 of 9 Ratio Decidendi The legal reason for the decision. 4 of 9 Original Precedent A precedent is created to deal with a new situation or when there is no existing law. 5 of 9 Obiter Dicta Things said 'by the way' or 'other things said'. 6 of 9 Binding Precedent A precedent which must be followed. 7 of 9 Persuasive Precedent A precedent which may be followed should judges so choose. 8 of 9 Distinguishing The judge does not follow the decision in an earlier case because the facts are materially different. 9 of 9
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