types of judicial precedent

• what are the 3 different types of precedent?

  - binding

  - original

  - persuasive
• What is binding precedent?

  A precedent from an earlier case which MUST be followed, even if the Judge does not agree with the legal principle
• When should binding precedent be followed?

  When the facts of the second case are sufficiently similar to the original case and the original decision was made by a more senior court
• what happens if binding precedent isn't followed?

  This gives grounds for an appeal
• give an example of binding precedent

  R v Wilson followed ruling from R v Howe case
• Explain the precedent between R v Howe & R v Wilson cases

  R v Howe - House of lords said duress (being forced to do something) could not be a defence to murder (ratio)

  R v Wilson - Court of appeal had to follow ruling of R v Howe despite not liking it
• What is original precedent?

  A new point of law that has never been decided before
• when should original precedent occur?

  When a judge has no precedent to follow so will look for the closet cases to see how they were handled (reasoning by analogy)
• give an example of original precedent

  Donoghue v Stevenson [1932]
• What is persuasive precedent?

  Precedent that a judge is not obliged to follow, however can influence a Judge's decision if she should follow it. (obiter dicta)
• what is dissenting judgement?

  a judgement given by a judge who disagrees with the reasoning of the majority of judges in the case
• give an example for dissenting judgement

  Miller v Jackson [1977]
• what does courts lower in the hierarchy mean?

  the court chooses to follow the lower court's decision
• give an example for courts lower in the hierarchy

  R v R [1991] where the house of lords agreed with the court of appeal
• what is judicial committee of the privy council decisions?

  the highest court of appeal for many commonwealth countries (involves our supreme court of justices)
• what are commonwealth countries?

  Countries with similar legal systems, thus have similar cases
• give an example for both judicial committee of the privy council decisions & commonwealth countries

  Attorney general for jersey v Holley (2005)

  Edwards v Canada (1930)