Flashcards

Judicial Precedent Key Terms

b2709 English 12 cards

Cards in this deck (12)

1Key Term: Original PrecedentA part of law which has never been discussed, judge's decision will create a new precedent for future cases.
2Key Term: Binding PrecedentPrecedent from an earlier case must be followed by lower courts (only happens when cases are similar).
3Key Term: Persuasive PrecedentPrecedent which is not bound, however courts can choose to follow it if they feel that it is appropriate. Example: Privy Council.
4Key Term: Ratio DecidendiReason(s) for the decision.
5Key Term: Obiter DictaOther things said.
6Key Term: Stare Decisis"Let the decision stand".
7Key Term: Court HierarchyA hierarchy of the courts which shows appealant courts and courts of first instance.
8Key Term: Law reporting:The report made of the case which shows the ratio, obiter dicta and the stare decisis.
9Key Term: DistinguishingA judge who must follow precedent can distinguish it by finding a difference in the facts and adopting a narrow version of the ratio.
10Key Term: OverrulingA judge may decide that a decision of a previous case is wrong and may then overrule the decision.
11Key Term: DisapprovingWhen a judge states that they disagree with a decision of the previous case and believe that it is wrong they disapprove it.
12Key Term: ReversingA higher court can overturn the decision of a lower court on appeal in the same case.