Judicial Precedent (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Judicial precedent
Judicial precedent
Past judicial decisions creating law for future cases
Stare decisis meaning
Stare decisis meaning
Let the decision stand
Binding precedent
Binding precedent
Senior court decision that must be followed in future cases
Persuasive precedent
Persuasive precedent
Decision that may be followed but is not binding
Ratio decidendi meaning
Ratio decidendi meaning
The reason for the decision - binding part of judgment
Obiter dicta meaning
Obiter dicta meaning
Other things said - non-binding part of judgment
Practice Statement 1966
Practice Statement 1966
Allows Supreme Court to depart from its own decisions
Young v Bristol Aeroplane (1944) exceptions count
Young v Bristol Aeroplane (1944) exceptions count
Three exceptions for Court of Appeal not following itself
Following a precedent
Following a precedent
Judge applies same legal principle to current case
Distinguishing a precedent
Distinguishing a precedent
Avoiding precedent due to sufficiently different facts
