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Judicial Precedent Key Terms

Description

Flashcards on topics of judicial precedent (LAW01).
b2709
Flashcards by b2709, updated more than 1 year ago
b2709
Created by b2709 about 9 years ago
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Question Answer
Key Term: Original Precedent A part of law which has never been discussed, judge's decision will create a new precedent for future cases.
Key Term: Binding Precedent Precedent from an earlier case must be followed by lower courts (only happens when cases are similar).
Key Term: Persuasive Precedent Precedent which is not bound, however courts can choose to follow it if they feel that it is appropriate. Example: Privy Council.
Key Term: Ratio Decidendi Reason(s) for the decision.
Key Term: Obiter Dicta Other things said.
Key Term: Stare Decisis "Let the decision stand".
Key Term: Court Hierarchy A hierarchy of the courts which shows appealant courts and courts of first instance.
Key Term: Law reporting: The report made of the case which shows the ratio, obiter dicta and the stare decisis.
Key Term: Distinguishing A judge who must follow precedent can distinguish it by finding a difference in the facts and adopting a narrow version of the ratio.
Key Term: Overruling A judge may decide that a decision of a previous case is wrong and may then overrule the decision.
Key Term: Disapproving When a judge states that they disagree with a decision of the previous case and believe that it is wrong they disapprove it.
Key Term: Reversing A higher court can overturn the decision of a lower court on appeal in the same case.
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