Advantages and Disadvantages of Judicial Precedent (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Stare decisis means
Stare decisis means
Let the decision stand
Ratio decidendi
Ratio decidendi
Binding legal reasoning essential to decision
Obiter dicta
Obiter dicta
Non-binding statements/observations in judgment
Practice Statement 1966 allows
Practice Statement 1966 allows
Supreme Court to depart from own precedents
R v R (1991) ruling
R v R (1991) ruling
Rape within marriage is criminal offence
Certainty promotes in civil cases
Certainty promotes in civil cases
Alternative dispute resolution (ADR)
Rigidity disadvantage
Rigidity disadvantage
Must follow higher courts even if unjust
R v Brown/Wilson problem
R v Brown/Wilson problem
Illogical distinctions on similar consent cases
DPP v Smith corrected by
DPP v Smith corrected by
Criminal Justice Act 1967 (Parliament)
Young v Bristol Aeroplane gave
Young v Bristol Aeroplane gave
Court of Appeal exceptions to own precedents