Flashcards
Sources of Law
Flashcards do conjunto (15)
- 1Sources of Law JUDICIAL PRECEDENTTHE SOURCES OF LAW
Past Decisions of Judges Create Law for Future Judges to Follow - 2Doctrine of Precedent STARE DECISISStare Decisis (Stand by Decision)
- 3JUDGEMENTLegal Reasons for Past Decisions which are Decided at the End by the Judge with a Summary of Facts.
- 4RATIO DECIDENDIRatio Decidendi (Reason for Deciding) - Used Making Original Precedent
- 5OBITER DICTAObiter Dicta (The Other Things Said)
E.G. If in the Future.... - 6ORIGINAL PRECEDENTIf a decision has not been made before in a certain case a New Precedent is made for Future Judges
- 7REASONING by ANALOGYSimilar Judgments Might be Taken Into Account from Other Cases to Base a Decision
- 8BINDING PRECEDNTPrecedent 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)
- 9PERSUASIVE PRECEDENTA Precedent not Binding on the Court but a decision the Judge Considers/ is Persuaded by to help make his/her decision
- 10TYPES OF PERSUASIVE PRECEDENT: COURTS LOWER IN THE HIERACHYWhere a Court is persuaded by a different Courts Decision
- 11COURTS LOWER IN THE HIERARCHY: CASERVR 1991 (House of Lords followed the Same Reasons of the Court of Appeal in deciding if the man was guilty of raping his wife)
- 12TYPES OF PERSUASIVE PRECEDENT: DECISIONS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCILFormer Judges of the Supreme Court who are respected and make Judgments on a case
- 13DECISIONS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL: CASEJERSEY 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 - 14TYPES OF PERSUASIVE PRECEDENT: STATEMENT MADE OBITER DICTAThe Judge is Persuaded to use the other reasons made in the previous case to make his decision
- 15STATEMENTS MADE OBITER DICTA: CASER 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.
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- Descrição
- AS LAW - UNIT 2 (Sources of Law) OCR
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- Diego Santos
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- Criado por cearak · 20 nov 2014
- Copiado por Diego Santos · 20 nov 2014
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