Precedent Key points.

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Presentation transcript:

Precedent Key points

What is precedent? Any law made by judges contained in a case report Judges must follow a set of rules when deciding how to make/ interpret the law in a case The rules are called "the doctrine of judicial precedent" The higher the court is in the appeal process the more important the precedent is known as "the hierarchy of courts" The Supreme Court make the most important precedents as they only deal with cases of public importance Each precedent is written down in a case report known as a "judgment" What is the oldest precedent we have done so far?

Must knows on precedent How the hierarchy of courts works The 3 parts of a judgment What binding and persuasive precedent are The principle of judges sticking to earlier similar precedents - stare decisis How the rules of precedent allow for flexibility in unique cases - distinguishing How higher courts can alter a precedent in a case made by a lower court - reversing How some courts can alter key precedents over time to reflect societies changing attitudes on issues - overruling Special rules I. Precedent for the court of appeal The supreme courts special rule - the practice statement The advantages and disadvantages of the rules of precedent