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Mapa mental

Judicial Precedent

GemmaCoton Law A Levels Inglês

Conteúdo do mapa

Judicial Precedent

  1. Stare Decisis

    • Stand by what has been decided
  2. Ratio Decidendi

    • Reason for the decision
    • Binding
    • R v Nedrick confirmed in R v Woollin, if a jury feels the defendant foresaw death or serious injury then oblique intention may be inferred
  3. Obiter Dicta

    • Things said by the way
    • Persuasive
    • R v Howe, duress is not a defence for murder (ratio) or attempted murder (obiter)
  4. Hierarchy of the Courts

  5. Law Reports

    • Contains judge's decision
    • Only a small portion reach the law reports
  6. Avoiding Precedent

    • Reversing
    • Overruling
    • Distinguishing
      • Difference between the cases
      • Balfour v Balfour (1919), living together, verbal agreement on money
      • Enter text here
  7. Advantages

    • Certainty
      • like cases are treated alike
      • Possible to predict decision and plan
      • Solicitors can advise
    • Consistency and fairness
      • Gives legal system a sense of justice
    • Flexible
      • Number of ways to avoid precedent
      • Can adapt to new situations
      • House of Lords can overrule
    • Responses to real life situations
  8. Disadvantages

    • Too rigid
      • Lead to injustice
      • Law is hard to change because precedent must be followed
        • Most cases don't go to the House of Lords or Court of Appeal where they can be overruled
          • House of Lords reluctant to overrule
    • Slowness of growth in the law
      • May take many years for a case to challenge the precendent
      • Judges may want to change the law but they can't do so without a case
      • Permission is needed to go to the Lords
        • If refused can't challenge precedent
    • Too much case law and it is very complex
      • Half a million reported cases
        • Hard to find the law
      • Judgements are long and difficult to find ratio
      • Dodd's Case (1973) Court of Appeal said it was unable to find the ratio of a similar case from the Lords
    • Retrospective (Looking backwards)
      • People can be found guilty of a crime that wasn't a crime at the time
      • R v R tried to force his wife to have sex, couldn't be found of rape but later could be found of attempted rape
    • Undemocratic
      • Judges make law

Informações

Descrição
A Levels Law Mapa Mental sobre Judicial Precedent, criado por GemmaCoton em 24-03-2014.
Criado por
GemmaCoton
Visualizações
75
Tags
law
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