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| Let what has been decided stand |
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| Any thing that isnt the ratio |
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| Precedent that has no binding power to other courts (unless used in a superior court) but is still sufficient enough to be used. |
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| The decision made in an earlier case which must be followed, even if the Judge does not accept the legal principle. |
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| The method used by a judge to show differences in the material facts to allow him to avoid following an otherwise binding precedent. |
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| A court chooses to disagree with decisions it has the authority to. |
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| The power used by the Supreme court to avoid its own binding precedent. |
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| These are documents that contain previous judgements, decisions and judicial opinions. |
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| An error in judgement of the application of the law. |
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Term
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Definition
Certainty
Consistency and fairness
precision
flexibility
timesaving
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Definition
Rigidity
Complexity
Hair-spliitting/ Illogical distinctions
Retrospective effect |
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Term
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Definition
| A point of law in a case that has never been decided before |
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