Term
|
Definition
| To stand by what has previously been decided |
|
|
Term
|
Definition
| Persuasive precedent which the judge may use but doesn't have to; everything but the ratio decedendi |
|
|
Term
|
Definition
| The reason for deciding found in the law report |
|
|
Term
|
Definition
|
|
Term
|
Definition
| A decision a judge may CHOOSE to follow |
|
|
Term
|
Definition
| A decision a judge has to follow |
|
|
Term
|
Definition
| A higher court makes a different decision in a seperate case |
|
|
Term
|
Definition
| A differential factor in a case which allows you to depart from the biding precedent |
|
|
Term
|
Definition
| Allows a judge in the Supreme Court to depart from its own previous decisions |
|
|
Term
|
Definition
| The written document of the judges statement- filed online in expensive libraries |
|
|
Term
| Advantages of Practice Statement |
|
Definition
Time saving
Consistency
Flexible
Certainly |
|
|
Term
|
Definition
Retrospective effect
Ridgity
Complex
Illogical distinctions
Slowness of growth |
|
|
Term
|
Definition
|
|
Term
| The case which shows scrutiny of distinguishing factors |
|
Definition
| Balfour v Balfour and Merritt v Merritt |
|
|
Term
| Durress is not a reason for murder |
|
Definition
|
|
Term
| Marital exemption does not exclude rape as a crime |
|
Definition
|
|
