Doctrine of Precedent (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Common law
Common law
English legal system from judicial decisions & customary practices
Judicial precedent
Judicial precedent
Past judicial decisions create binding law for future cases
Stare decisis (translation)
Stare decisis (translation)
Let the decision stand
Ratio decidendi (translation)
Ratio decidendi (translation)
The reason for the decision
Obiter dicta (translation)
Obiter dicta (translation)
Things said by the way
Which part of judgment is binding?
Which part of judgment is binding?
Ratio decidendi only
Supreme Court binding status
Supreme Court binding status
Binds all UK courts but not bound by its own decisions
Doctrine of precedent requirement
Doctrine of precedent requirement
Lower courts must follow decisions of higher courts
Benefits of following precedent
Benefits of following precedent
Fairness and certainty in law
Obiter dicta effect
Obiter dicta effect
Persuasive guidance, not binding