Judicial Precedent Flashcards
What does judicial precedent mean?
The judge’s decision
What is common law?
Law that has developed through judicial precedent
What is stare decis?
The desicion that stands from other cases to help make sure it is fair
What is ratio decidendi?
The reason for a decision that is made
What is obiter dicta?
The influential part of a case that can be used in other cases
What is an example of ratio and obiter being used?
R V Howe and R V Gotts
Howe stated that duress is not an excuse for attempted murder and so in Gotts case, he got charged due to Howe’s obiter
What is dissenting judgement and when might it be used?
It is past judges decisions on cases that may not have been used which can be used to then help make a decision on new cases
What is decisions in lower courts and foreign courts?
Lower courts is where the higher courts help to infuence or control the lower courts cases asthey have more experience
Foreign courts is when courts will use foreign cases to help influence their decisions
What is the privy council?
It is a group that helps courts to make decisions that they might not know the answer to as they’re higher up.
What is original precedent?
It is where there is no binding law that has been formed around a case so they have to use similar laws to find a solution.
