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Law - English legal system
President
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Cards (14)
What is ratio decendi?
reason
for
judgement
What is orbiter dicta?
Other
things
said
What is star decisis?
Stand by what’s been said
Types of precedents
Binding
,
original
and
persuasive
What is a binding precedent
Later cases must follow earlier cases
What is an original president?
A
point
of
law
which has
never
been
decided
before
what is a persuasive president?
where a
judge
does
not
have to
follow later cases
but
may choose
to
What are the operations in president
Overruling
on
prev wrong
cases
following
prev cases
distinguishing
Advantages of president
Fairness
certainty
time-saving
flexibility
Disadvantage of president
rigidy
illogical decisions
slow growth
what is the practise statement
Allows judges
to
overrule prev decision
What is an example of the young exceptions
Davis
&
Johnson
What is the young exception for
If
previous
decisions
conflict
with SC
follow
SC.
If
2 conflicting
COA decisions, Judge can chose which to
follow.
Perineurium
decisions
What is Perincurium?
In error