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Judicial Precedent - Coggle Diagram
Judicial Precedent
Precedent
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Stare Decisis
'Stand by what has been decided'
- Defines the doctrine of JP
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- Balfour v Balfour - No legal binding
- Merritt v Merritt - Legal binding
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Law Reports
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Incorporated Council of Law Reporting - covers HC, CoA and SC
- Publishing weekly reports
- Butterworths, Lexi's (private)
- Media, Times, Websites
Format
- Case
- Court
- Judge
- Date
- Summary
- Decisions
- List of referrals
- Names of Counsel
- Judgement
- Signature of lawyer
Distinguishing, Overruling & Reversing
Distinguishing
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2 cases are never the same so the decision made by the judge will not bind because of the sufficiently different facts of the case
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Overruling
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HoL Practice Statement 1966
- HoL departs from own decision 'when right to do so'
- BRB v Herrington departed (per incurium) from Addle v Dumbreck
Overruling in CoA
- Exceptions in Young v Bristol Aeroplane (3)
- Replaces old precedent
2) Decision made Per Incurium
- Williams v Fawcett
- Rickards v Rickards
3) If there 2 conflicting decisions
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Exception for criminal division
- 'if law has been misapplied/misunderstood'
- R v Gould
Reversing
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- Fitzpatrick v Sterling Housing
- Anns v Merton LBC (reversed later in case of Murphy v Brentwood District Council
Binding & Persuading
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Persuading
May be followed
- Lower courts have to follow decision
- Any decisions made go through High Court, CoA and Supreme Court
UK can follow decision made by other counties in commonwealth (Judicial Committee of the Privvy Council)
-R v R
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