Persuasive precedent

Question 1

List the 5 methods of persuasive precedent

Answer 1

Statements made by orbiter
Decisions from courts in other countries
decisions from courts lower in the hierarchy
Decisions made by the privvy council

Question 2

Give the case and facts for orbiter statements

Answer 2

R v Gotts and R v Howe

On the defense of duress that duress is not a defense to murder someone.

Question 3

describe orbiter as a persuasive precedent

Answer 3

Orbiter is the non binding part of a judgment usually known as other things said that may persuade future cases

Question 4

Give the case and facts for decisions from courts in other countries

Answer 4

R v Bentham- Guns are legal in some states of america and america are more experienced on gun crime cases so the judge refereed to gain knowledge of what was imitation of a fire arm

Question 5

Describe courts in other countries as a persuasive precedent

Answer 5

Countries similar to the UK judicial system but do not bind our system, however if they have more judicial experience in the area we may be persuaded

Question 6

Give the case and facts for decisions from lower courts in the hierarchy

Answer 6

R v R

HOL following the principles of COA on the basis that a man can rape his wife. This became a binding precedent

Question 7

Describe decisions from lower courts lower in the hierarchy as a persuasive precedent

Answer 7

Courts lower in the hierarchy can not bind a higher court but they can persuade if a higher court agrees.

Question 8

Give the case and facts for decisions made by the privvy council

Answer 8

Jersey V holley persuaded R v James and karimi and R v mohammod on the standard of self control in provocation.

Question 9

describe the privvy council as a persuasive precedent

Answer 9

The privvy council is the queens private council with a judiciary of judges from the UKSC. They bind no one and are not in the hierarchy but hear common wealth appeals