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Judicial Precedent…read more

Slide 2

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What is Judicial
Judicial Precedent is the system through
which judges lay down rules for future
judges to follow when judging future,
similar cases.
This is the concept of stare decisis.…read more

Slide 3

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What is stare decisis and
what does it mean?
"Stand by what has been done and do
not unsettle the established"
It exists to provide a certain fairness and
rigidity in the law.…read more

Slide 4

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What does a judgement
When giving the judgement in the case,
the judge makes a speech, much of
which is not relevant to the actual
This is obiter dicta and the actual
decision is known as ratio decendi.…read more

Slide 5

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What does ratio decendi
Ratio Decendi, means literally, reason
for deciding.
This consists of the actual judgement.…read more

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What does obiter dicta
Things said by the way/in passing.
This is not relevant to the actual
judgement iteself.
It generally takes two forms:
Speculation (eg. R v Howe 1987/R v
Gotts 1993)
Hypothetical situations (eg. Donoghue v
Stevenson 1932)…read more

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