persuasive precedent Flashcards
Who else can appeal to the privy council
Commonwealth countries that have exhausted their own courts
What is special about the privy council
They do not have to bound by any precedent and is not binding for others
Why may courts choose to follow the privy councils decisions even though they are not binding?
Because they are the senior judges and their decisions are respected and persuading
Explain how a dissenting judgement in a Supreme Court decision can be persuasive
Where a judge on a panel disagrees with the majority and it is possible that this case can be appealed but be persuaded by the minority’s reason
Give an example of a dissenting judgement in the Supreme Court
Rose and Frank Co V JR Crompton and Bros Ltd
Explain ratios from a decision of courts lower in the hierarchy
The judgement of a lower court may persuade a higher court
Give an example and what courts it moved to and from
R V R - originally in the crown court but appeal to court of appeal to become binding to lower courts
How can decision from courts in other jurisdictions affect ours
It is when we cannot figure out the case ourself maybe because it’s a new concept to us so we look to another country who are more experienced or have the same common law principle we do like former empire countries
How was R V Bentham persuaded
We had to look at American cases since gun crime is common over there because it’s legal to own one
Give an example of a case that has been persuaded by the privy council
The Wagon Mound No 1
Briefly explain the Wagon Mound No 1
If damage was foreseeable the defendant is liable for the full extent of the damage
Explain how R V Howe persuaded R V Gotts
R V Gotts ratio was that duress could be used and the orbiter was that it would be used when the murder was only attempted. This was applied in R V Howe when murder was attempted so it became the ratio
What is the privy council?
The queens own council and they are not in the normal law hierarchy
