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Doctrine of Precedent.

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Presentation on theme: "Doctrine of Precedent."— Presentation transcript:

1 Doctrine of Precedent

2 JUDGE MADE LAW

3 Judges ‘make’ law in 2 main ways

4 What does this cartoon mean?
DO NOW

5 Statutory interpretation

6 Judges interpret legislation made by Parliament – they explain the meaning of words

7 Words have different meanings in different contexts
Judges have to follow specific rules when interpreting legislation These rules are set out in Interpretation Acts

8 New situations

9 What happens if Parliament doesn’t like the laws that Judges make?

10 What does this cartoon mean?
DO NOW

11 What two things does the doctrine of precedent rely on in order to work effectively?

12 Doctrine of precedent the rules of precedent – how it is made and applied by Judges
Law Reports a permanent record of the important judgments SOME DEFINITIONS

13 Ratio decidendi the Judge’s reasons for the decision (found in the judgment)
Stare decisis Latin for ‘the decision stands’ – a rule that lowers courts must follow the decision of the higher courts in the same hierarchy in similar cases

14 Obiter dictum comments made by Judges that are not part of the reasons for the decision. They may be persuasive in later cases. Binding precedent a precedent (legal principle) that must be followed by lower courts in similar cases

15 Persuasive precedent A precedent (legal principle) that does not have to be followed

16 What does this cartoon mean?
DO NOW

17 What does this cartoon mean?
DO NOW

18 What does this cartoon mean?
DO NOW

19 What does this cartoon mean?
DO NOW

20 What does this cartoon mean?
DO NOW

21 What does this cartoon mean?
DO NOW


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