judicial precedent Flashcards
1
Q
stare decisis?
A
judges stand by what has been decided (judicial precedent)
2
Q
what is ratio decidendi?
A
reasons for deciding
3
Q
what is needed for ratio decidendi?
A
summary of facts
review of arguments
explanation of principles used
4
Q
what is obiter dicta?
A
‘other things said’ e.g.
Howe - duress is not defence to murder and should not be defence for attempted murder
Gotts - duress is not defence to attempted murder
5
Q
what are two types of precedent?
A
binding
original
6
Q
what is persuasive precedent?
A
can become binding if precedent is followed in other countries, for example
7
Q
what are 4 types of avoiding precedent?
A
following
distinguishing
reversing
overruling
