Types of Precedent (OCR A-Level Law): Flashcards
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Practise the cards
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Binding precedent
Binding precedent
Decision from higher court that must be followed by lower courts
Ratio decidendi
Ratio decidendi
The legal reasoning that creates binding element of judgment
Persuasive precedent
Persuasive precedent
Decision that may be followed but doesn't have to be
Obiter dicta
Obiter dicta
Statements not part of ratio decidendi; persuasive not binding
Judicial Committee of Privy Council precedent status
Judicial Committee of Privy Council precedent status
Persuasive but not binding on English courts
Original precedent
Original precedent
Point of law that has never been considered before
Overruling
Overruling
Court states decision in earlier case is wrong
Reversing
Reversing
Higher court overturns lower court decision in same case
Distinguishing
Distinguishing
Avoiding precedent by showing material facts are different
Donoghue v Stevenson (1932) established
Donoghue v Stevenson (1932) established
Modern law of negligence & 'neighbour principle'