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10 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Define Judicial precedent |
A judge must follow the decision made in previous cases where the facts are the same as those in the present case. |
Decision previous case |
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Define Stare decisis |
Latin term meaning 'to stand by the decision'. The idea that law is to be just and fair. It's the central principal of the doctrine of judical precedent. |
Stand by d_________ |
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Define Binding precedent |
Decisions of the Court of Appeal and the Supreme Court that must be followed by courts of the same or lower level. |
Supreme Court binds COA which binds the inferior courts |
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Define Practice Statement |
Form part of the judical rules but they are only used in the Supreme Court to avoid following their past decisions when they are considered inappropriate to the situation. |
Avoid inappropriate |
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Define Per incuriam |
(through lack of care) = where a decision of the court is made that fails to apply a relevant statute or ignores a binding precedent. |
Ignores binding precedent |
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Define Ratio decidendi |
Latin for 'reason for deciding', forms binding precedent. |
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Define Obiter dicta (sig. obiter dictum) |
Latin for "words said aside', it forms persuasive precedent, these words aren't essential |
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Define Law reports |
Records of the judge's decisions that sets precedent. They're used by both parties to refer to for appeals. |
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Name the Inferior courts |
High court Crown court Magistrate court County court |
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What does it mean if a court is Bound to its own decisions? |
That the court must stand by its past decisions from previous cases where the fact are the same as thise of previous cases.
However if it's the Supreme Court it can use the 'practice statement' to avoid following it's past decisions. |
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