Doctrine of Precedent.

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Presentation transcript:

Doctrine of Precedent

JUDGE MADE LAW

Judges ‘make’ law in 2 main ways

What does this cartoon mean? DO NOW

Statutory interpretation

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

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

New situations

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

What does this cartoon mean? DO NOW

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

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

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

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

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

What does this cartoon mean? DO NOW

What does this cartoon mean? DO NOW

What does this cartoon mean? DO NOW

What does this cartoon mean? DO NOW

What does this cartoon mean? DO NOW

What does this cartoon mean? DO NOW

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