Sources of Law

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AS LAW - UNIT 2 (Sources of Law) OCR

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cearak
Created by cearak over 5 years ago
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Question Answer
Sources of Law JUDICIAL PRECEDENT THE SOURCES OF LAW Past Decisions of Judges Create Law for Future Judges to Follow
Doctrine of Precedent STARE DECISIS Stare Decisis (Stand by Decision)
JUDGEMENT Legal Reasons for Past Decisions which are Decided at the End by the Judge with a Summary of Facts.
RATIO DECIDENDI Ratio Decidendi (Reason for Deciding) - Used Making Original Precedent
OBITER DICTA Obiter Dicta (The Other Things Said) E.G. If in the Future....
ORIGINAL PRECEDENT If a decision has not been made before in a certain case a New Precedent is made for Future Judges
REASONING by ANALOGY Similar Judgments Might be Taken Into Account from Other Cases to Base a Decision
BINDING PRECEDNT Precedent made Previously in an Earlier Case can be used to Decide Present Case if Similar Decisions were made (Decision must be made in a Superior or Same type of Court)
PERSUASIVE PRECEDENT A Precedent not Binding on the Court but a decision the Judge Considers/ is Persuaded by to help make his/her decision
TYPES OF PERSUASIVE PRECEDENT: COURTS LOWER IN THE HIERACHY Where a Court is persuaded by a different Courts Decision
COURTS LOWER IN THE HIERARCHY: CASE RVR 1991 (House of Lords followed the Same Reasons of the Court of Appeal in deciding if the man was guilty of raping his wife)
TYPES OF PERSUASIVE PRECEDENT: DECISIONS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL Former Judges of the Supreme Court who are respected and make Judgments on a case
DECISIONS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL: CASE JERSEY V HOLLEY (2005) the defence of provocation (Being provoked) a defendant was to be judged by the standard of an ordinary persons powers of control
TYPES OF PERSUASIVE PRECEDENT: STATEMENT MADE OBITER DICTA The Judge is Persuaded to use the other reasons made in the previous case to make his decision
STATEMENTS MADE OBITER DICTA: CASE R V HOWE (1987 MURDER CASE) & R V GOTTS (1992 ATTEMPTED MURDER): Man was not charged with murder the Lords commented that as a defense to someone charged with attempted murder. R V GOTTS charged with manslaughter as the obiter statement of Howe was used in this case.