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5 Cards in this Set
- Front
- Back
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Precedent |
Example of how previously done, sets example for next time. |
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Judicial Precedent |
Judge creates laws based off how courts must follow + apply law like how it was in previous cases. |
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Common Law |
Laws derived from Judicial Precedent (as opposed to legislative law/parliament). |
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Exceptions to Judicial Precedent |
-not fitting current case - judge distinguishes significant differences between current and past cases to make new judgement. -out of date - outdated |
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Case Study |
RvR (1992) law on marital rape: decision made in House of Lords to make it a crime for a husband to rape his wife. Man was convicted of attempting to rape his wife, having marital rape exemption overruled. ( due to women being considered property of husband at time). |
