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Judicial precedents
swag
18
Law
12th Grade
01/22/2014

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Term
Ratio Decidendi
Definition
The reason for deciding
Term
Stare Decisis
Definition
To stand by what has previsouly been decided
Term
Obiter Dicta
Definition
Persuasive precedent
Term
Per incuriam
Definition
In error
Term
Persuasive precedent
Definition
A decision that a judge may choose to follow
Term
Binding precedent
Definition
A decision which must be followed
Term
Practice Statement
Definition
Allows a judge in the Supreme Court to depart from its own previous decisions
Term
Overruling
Definition
A higher court makes a different decision in a separate case
Term
Distinguishing
Definition
Finding a difference in material facts between two similar cases to avoid following a precedent
Term
Law Report
Definition
A judge's report on a case
Term
Advantage which saves money
Definition
Time savng: don't have to pay for as much lawyer and court time
Term
Advantage which makes it fair
Definition
Consistency
Term
Advantage which allows the law to change with society
Definition
Flexibility e.g use of the practise statement in A v Hoare
Term
Advantage which makes it fair
Definition
Certainty
Term
Disadvantage because the trials can be confusing and complicated
Definition
Complexity
Term
Disadvantage of the reluctance of the Supreme Court to change law
Definition
Rigidity, e.g. R v R (1991): marital exemption does not excuse rape
Term
Case which confirmed the Supreme Court is bound by its own decisions
Definition
London Street Tramways 1898
Term
Case which created negligence - new precedent
Definition
Donoghue v Stevenson
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