https://padlet.com/ns05130948/2jfakysmnvut en-us 2019-02-12 10:19:34 UTC 2019-03-05 10:30:50 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/331194219 Judicial Precedent is the source of law where past decisions of the judges in a particular case creates law for future judges to follow in similar cases.]]> 2019-02-14 09:18:11 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/331194219 ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/331198502 - Original Precedent, New precedent ti be set as there is no previous decision for the judges to follow.

- Binding Precedent, Refers where the precedent case to follow the previous decision when there are a similarity in facts.

- Persuasive Precedent, The judge is not obliged to follow but it is important in reaching a judgement.]]> 2019-02-14 09:34:04 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/331198502 ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/331199082 Judicial precedent is a key component of common law. The English legal system follows the rules of judicial precedent quite strictly. Courts in England and wales must follow decisions already made in a higher or a more superior court are bound to their decisions. ]]> 2019-02-14 09:36:22 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/331199082 ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/331201671 Henry II wanted a standardized version of law. This was a system whereby
representatives of the king went out to the counties of England to check on the legal administration there. They would sit in local courts and observe how legal
problems were dealt with in each area. ]]> 2019-02-14 09:46:58 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/331201671 ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/331202671 This is a Latin phrase which means "The reason for the decision". When it is used it mean the principles of a court are used to make a rationale for a decision in the case.]]> 2019-02-14 09:51:03 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/331202671 ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/331203636 this Latin term mean stand by what has been decided and don not unsettle the established. Where the the point of law in the previous present cases is the same.  ]]> 2019-02-14 09:55:13 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/331203636 ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/331249835 Statue law is written law that is produced by Parliament. It is the highest type of law which passes Acts onto the Houses of Parliament where they debate whether the Act should exist or not.]]> 2019-02-14 12:47:30 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/331249835 ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/331256163 Refers where the precedent case has to follow the previous decision when there is a sufficient similarity in facts.]]> 2019-02-14 13:05:45 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/331256163 ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/331256320 The judge is not obliged to follow, but there is an important in reaching a judgement. This assists the decision maker in determining the outcome of the case.                                                                                                                 ]]> 2019-02-14 13:06:13 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/331256320 ns05130948 https://padlet.com/ns05130948/2jfakysmnvut/wish/336301181 An example of when precedent was used to change the law is in the R v R case from 1991. 

In 1990 a male had being convicted of attempting to rape his wife, he appealed this conviction under the grounds of a purported martial rape exemption under common law. The defendant claimed that it was not possible to rape his wife as the wife had given consent to intercourse through marriage.

The court of Appeal; and the house of lords upheld the rape conviction saying that marital rape exemption does not exist in English law.

This changed English law because it meant now if in a married couple a rape case was made it means that martial consent could not protect the defendant and they would be convicted of rape.]]> 2019-02-28 08:59:12 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/336301181 https://padlet.com/ns05130948/2jfakysmnvut/wish/337830079 An obiter dicturn is a lain phrase that means comments made by a judge about a case that does no form part of he rational. These are not legally binding on the courts below but could be seen as persuasive authority.]]> 2019-03-05 10:12:43 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/337830079 https://padlet.com/ns05130948/2jfakysmnvut/wish/337830216 Practice statement were designed as a way of allowing he House of Lords to move away from a previous decision if they think necessary. This does not change the rules of precedent in the lower courts. Before practice statement s where allowed in the house of lords, the only way that lords could leave previous decisions was by an act of parliament. Practice statements are called this because they allow e lords to change practice.]]> 2019-03-05 10:13:22 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/337830216 https://padlet.com/ns05130948/2jfakysmnvut/wish/337830326 If a judge come across a case where there ma be a previous decision made by the court the judge ad four possible outcomes that they can follow:

- Follow, If the facts are very similar to the previous case then the judge will choose o follow the precede has already been set.

- Distinguish, If the facts are quite different from the previous case then the judge can distinguish between the two cases and does not need to follow the original precedent.

- Overrule, if the original precedent was set in a lower court the judge may overrule if they disagree. This means that he original case still stands and the judge does not have to follow its precedent.

- Reverse, If the decision made by a lower court is appealed to a higher court. The higher court ma reverse the decision if they think that the lower court has misinterpreted the law. The higher court will them substitute its decision for the previous one.]]> 2019-03-05 10:13:52 UTC https://padlet.com/ns05130948/2jfakysmnvut/wish/337830326