Doctraine Of Judical Precedent Flashcards
What creates the law for judges to follow in judicial precedent
The past decisions of judges
What is judicial precedent aka
Case law
What is the basic principle of judicial precedent
Similar cases are decided In similar ways.
What is judicial precedent based on
Stare decisis
What does stare decisis mean
Stand by what has been said and do not unsettle the establishment
What does stare decisis aim to do
Create fairness and consistency
How is consistency achieved
1) clear court hierarchy where courts know who they are bound by
2) accurate law reporting
Which act created a clear court hierarchy
Judicature act
Who regulates and produces law reporting
Incorporated council of law reporting
Who prepares the law reports
Barrister who has been in court and heard the judgement given
Some versions of law reports
Weekly law reports WLR
The all England law report - all ER
A computer data base of law reports
Lexis