|Sources of Law JUDICIAL PRECEDENT
|THE SOURCES OF LAW Past Decisions of Judges Create Law for Future Judges to Follow
|Doctrine of Precedent STARE DECISIS
|Stare Decisis (Stand by Decision)
|Legal Reasons for Past Decisions which are Decided at the End by the Judge with a Summary of Facts.
|Ratio Decidendi (Reason for Deciding) - Used Making Original Precedent
|Obiter Dicta (The Other Things Said) E.G. If in the Future....
|If a decision has not been made before in a certain case a New Precedent is made for Future Judges
|REASONING by ANALOGY
|Similar Judgments Might be Taken Into Account from Other Cases to Base a Decision
|Precedent made Previously in an Earlier Case can be used to Decide Present Case if Similar Decisions were made (Decision must be made in a Superior or Same type of Court)
|A Precedent not Binding on the Court but a decision the Judge Considers/ is Persuaded by to help make his/her decision
|TYPES OF PERSUASIVE PRECEDENT: COURTS LOWER IN THE HIERACHY
|Where a Court is persuaded by a different Courts Decision
|COURTS LOWER IN THE HIERARCHY: CASE
|RVR 1991 (House of Lords followed the Same Reasons of the Court of Appeal in deciding if the man was guilty of raping his wife)
|TYPES OF PERSUASIVE PRECEDENT: DECISIONS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL
|Former Judges of the Supreme Court who are respected and make Judgments on a case
|DECISIONS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL: CASE
|JERSEY V HOLLEY (2005) the defence of provocation (Being provoked) a defendant was to be judged by the standard of an ordinary persons powers of control
|TYPES OF PERSUASIVE PRECEDENT: STATEMENT MADE OBITER DICTA
|The Judge is Persuaded to use the other reasons made in the previous case to make his decision
|STATEMENTS MADE OBITER DICTA: CASE
|R V HOWE (1987 MURDER CASE) & R V GOTTS (1992 ATTEMPTED MURDER): Man was not charged with murder the Lords commented that as a defense to someone charged with attempted murder. R V GOTTS charged with manslaughter as the obiter statement of Howe was used in this case.