Judicial Precedent Flashcards
Hierarchy of courts in order from bottom to top
Magistrates, crown, high, court of appeal and Supreme Court
What is judicial precedent
Source of law where past decisions of judges create law for future judges to follow
What is stare decisis
To stand by what is decided/like cases decided alike
Ratio decidendi
Reason for decision
Binding element of principle
What is binding precedent
Previous decision followed
Obiter dicta
Things said by the way
Pressure precedent
Persuasive precedent
Previous decision doesn’t have to be followed
4 elements of judgement
Statement of material facts
Statement of legal principle
Discussion of legal principle raised
Decision of verdict
Privy council
Final appeal court
Persuasive authority
R v James and Karim
What was decriminalised in 1967
Abortion, homosexuality and suicide
Court of Appeal
Bound by previous decisions
Young v Bristol aeroplane
Year of practice statement establishment
1966
Advantages
Certainty
Flexibility
Allows law to develop
Disadvantages
Rigid system
Can stop development
