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Description
Flashcards by Diego Santos, updated more than 1 year ago
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Created by cearak
about 10 years ago
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Copied by Diego Santos
about 10 years ago
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| Question | Answer |
| Sources of Law JUDICIAL PRECEDENT | THE SOURCES OF LAW Past Decisions of Judges Create Law for Future Judges to Follow |
| Doctrine of Precedent STARE DECISIS | Stare Decisis (Stand by Decision) |
| JUDGEMENT | Legal Reasons for Past Decisions which are Decided at the End by the Judge with a Summary of Facts. |
| RATIO DECIDENDI | Ratio Decidendi (Reason for Deciding) - Used Making Original Precedent |
| OBITER DICTA | Obiter Dicta (The Other Things Said) E.G. If in the Future.... |
| ORIGINAL PRECEDENT | If a decision has not been made before in a certain case a New Precedent is made for Future Judges |
| REASONING by ANALOGY | Similar Judgments Might be Taken Into Account from Other Cases to Base a Decision |
| BINDING PRECEDNT | Precedent made Previously in an Earlier Case can be used to Decide Present Case if Similar Decisions were made (Decision must be made in a Superior or Same type of Court) |
| PERSUASIVE PRECEDENT | A Precedent not Binding on the Court but a decision the Judge Considers/ is Persuaded by to help make his/her decision |
| TYPES OF PERSUASIVE PRECEDENT: COURTS LOWER IN THE HIERACHY | Where a Court is persuaded by a different Courts Decision |
| COURTS LOWER IN THE HIERARCHY: CASE | RVR 1991 (House of Lords followed the Same Reasons of the Court of Appeal in deciding if the man was guilty of raping his wife) |
| TYPES OF PERSUASIVE PRECEDENT: DECISIONS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL | Former Judges of the Supreme Court who are respected and make Judgments on a case |
| DECISIONS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL: CASE | JERSEY V HOLLEY (2005) the defence of provocation (Being provoked) a defendant was to be judged by the standard of an ordinary persons powers of control |
| TYPES OF PERSUASIVE PRECEDENT: STATEMENT MADE OBITER DICTA | The Judge is Persuaded to use the other reasons made in the previous case to make his decision |
| STATEMENTS MADE OBITER DICTA: CASE | R V HOWE (1987 MURDER CASE) & R V GOTTS (1992 ATTEMPTED MURDER): Man was not charged with murder the Lords commented that as a defense to someone charged with attempted murder. R V GOTTS charged with manslaughter as the obiter statement of Howe was used in this case. |
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