https://padlet.com/ss05107679/91wlbsovsfql en-us 2019-02-12 10:18:08 UTC 2019-02-25 12:24:59 UTC hello@padlet.com ss05107679 https://padlet.com/ss05107679/91wlbsovsfql/wish/330259172 The term Judicial Precedent means a decision made by judges based on facts of the case. This then becomes a binding precedent on the decisions made by future judges. This can also be known as a case law. Once a new law has been made courts who are a lower level, for example Crown Courts need to follow what is said by the Supreme Court need follow that new law. ]]> 2019-02-12 10:32:37 UTC https://padlet.com/ss05107679/91wlbsovsfql/wish/330259172 ss05107679 https://padlet.com/ss05107679/91wlbsovsfql/wish/331195514 This statement is Latin, meaning stand by what has been decided and do not unsettle the established. Overall this is explaining that if a court makes a new law the courts of lower power has to follow that new law. This then becomes a Binding Precedent. ]]> 2019-02-14 09:23:50 UTC https://padlet.com/ss05107679/91wlbsovsfql/wish/331195514 ss05107679 https://padlet.com/ss05107679/91wlbsovsfql/wish/331199136  The ratio decidendi of a case is the principle of law on which a decision is based. When a judge delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision, for which he gives the reason (ratio decidendi).]]> 2019-02-14 09:36:35 UTC https://padlet.com/ss05107679/91wlbsovsfql/wish/331199136 ss05107679 https://padlet.com/ss05107679/91wlbsovsfql/wish/331200799 Binding precedent means a precedent or an existing law that courts are bound to follow. For example, a lower court is bound to follow an applicable holding of a higher court in the same jurisdiction. 
Generally, binding precedents follow the doctrine of stare decisis, which means ‘stand by the decision.' ]]> 2019-02-14 09:43:35 UTC https://padlet.com/ss05107679/91wlbsovsfql/wish/331200799 ss05107679 https://padlet.com/ss05107679/91wlbsovsfql/wish/331201060 Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. This is an English law from custom and Judicial Precedent rather than statutes.]]> 2019-02-14 09:44:36 UTC https://padlet.com/ss05107679/91wlbsovsfql/wish/331201060 ss05107679 https://padlet.com/ss05107679/91wlbsovsfql/wish/331201328 A statute law is a written law produced by Parliament which creates from decisions made in other courts and the country’s written constitution. 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 09:45:47 UTC https://padlet.com/ss05107679/91wlbsovsfql/wish/331201328 ss05107679 https://padlet.com/ss05107679/91wlbsovsfql/wish/331203607 Persuasive precedent means precedent which a judge doesn't have to follow, but is important in reaching a judgment, as opposed to a binding precedent. Persuasive precedents assist the decision maker in determining a case. Decisions of lower courts and foreign courts can be persuasive precedents.]]> 2019-02-14 09:55:06 UTC https://padlet.com/ss05107679/91wlbsovsfql/wish/331203607 ss05107679 https://padlet.com/ss05107679/91wlbsovsfql/wish/334773398 Before 1991 it was acceptable for a husband to force himself upon his wife to have sexual intercourse, even if she didn’t consent to it. This wasn’t identified has rape, has they said when a women says “I do” that signs a contract to say that her body is now her husbands. This meant she gave up her ability to say “I don’t want to”. Women were unable to deny their husbands of sexual intercourse. Centuries later this changed by the House of Lords when a husband brutally raped his wife by squeezing on her neck , on the ground of implied consent by way of marriage. 

These attitudes were outdated and oppressive towards women, ignoring human rights and issue of consent. Now marriages are seen as a equal partnership, which need consent on both parties to have sexual intercourse. 

I believe that this was the correct decision to make. Rape can happen in a marriage or just in a relationship if that be the man or women not consenting to perform the act. A relationship is equal. The words 'I do' do not ultimatel give your body to your partner or sign a contract taking away your ability to say no. ]]> 2019-02-25 10:44:36 UTC https://padlet.com/ss05107679/91wlbsovsfql/wish/334773398 ss05107679 https://padlet.com/ss05107679/91wlbsovsfql/wish/334775985 Obiter dictum is the Latin phrase meaning "by the way", and is generally used in law to refer to an opinion or non-necessary remark made by a judge. In a legal ruling, made by a higher court, the actual decision becomes binding precedent. This discusses things such as how the court came to its decision are not binding, and it is to these that the term refers. obiter dicta definition.]]> 2019-02-25 10:55:44 UTC https://padlet.com/ss05107679/91wlbsovsfql/wish/334775985