Judicial Precedent (AQA A-Level Law): Flashcards

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Judicial Precedent
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Judicial precedent

Past judicial decisions creating law for future cases

Stare decisis meaning

Let the decision stand

Binding precedent

Senior court decision that must be followed in future cases

Persuasive precedent

Decision that may be followed but is not binding

Ratio decidendi meaning

The reason for the decision - binding part of judgment

Obiter dicta meaning

Other things said - non-binding part of judgment

Practice Statement 1966

Allows Supreme Court to depart from its own decisions

Young v Bristol Aeroplane (1944) exceptions count

Three exceptions for Court of Appeal not following itself

Following a precedent

Judge applies same legal principle to current case

Distinguishing a precedent

Avoiding precedent due to sufficiently different facts

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