https://padlet.com/ed05248102/ogt4amr4q556 Made with a dash of wit en-us 2019-02-12 10:20:46 UTC 2019-05-02 21:00:01 UTC hello@padlet.com ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356306225 Doctrine precedent is also known as 'store decisions' which means 'stand by what has been decided and do not unsettle the established' Doctrine precedent is the decision that is made in the courts that are above and the decisions have to be followed but the lower courts ]]> 2019-05-02 17:04:13 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356306225 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356308930 Ratio decidenci is the reason or ratio for a decision. This normally happens at the end of a case where part of the judgement explains there reasons behind there judgement. when used in a legal profession it means that the moral, social and legal principal's are consider when making the rational for the case. ]]> 2019-05-02 17:09:26 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356308930 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356312798 obiter dictum is the Latin phrase which means ' by the way'. It mean comments made by the judge that do not form the rational to explain the decisions made the judge. This comments are not legally binding with in the courts. However, it could be seen as a form of persuasive authority when helping them make there final decisions on a case. ]]> 2019-05-02 17:16:15 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356312798 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356353396 This is a previous case or any legal decision that may be or must be followed in any current case that has the same factors. ]]> 2019-05-02 18:35:30 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356353396 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356356058 Persuasive precedent is a precedent that the Judges is not obliged to follow. ]]> 2019-05-02 18:41:17 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356356058 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356357881 original precedent is the first new precedent to be set as there is no decisions made in the past for other judges to follow. ]]> 2019-05-02 18:45:30 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356357881 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356359895 Judicial precedent is where decisions of judges in certain cases, have shaped the law of judges in the future. This judges can follow in similar cases. ]]> 2019-05-02 18:50:33 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356359895 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356365435 This is when facts from a certain case are very similar to a previous case then the judge decides to follow the precedent that is already set from the previous case. ]]> 2019-05-02 19:03:54 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356365435 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356366593 Distinguish is when the facts from the previous case are different to the current case. The judge then looks at the difference between the two cases and then doesn't need follow the precedent that has already been put into place. ]]> 2019-05-02 19:06:31 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356366593 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356368915 if the Judge disagrees with a precedent that has already been set in a lower court, then the judge can over rule it. Over ruling that the original case will still stand, but the judge doesn't have to follow the original precedent. ]]> 2019-05-02 19:12:14 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356368915 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356370031 This case is a case between a man and a women who were married. The man ended up raping his wife. The couple had separated but the man forced the women to have sex with in once they had broken up. As well as raping the women, the man also forced entered into her house. Before this incident happened, the law stated that a husband could not be criminally liable for raping his wife. This is because the vow they took gives her husband permission to have a sexual relationship no matter what. The judges that was given this case saw that the law needed to change. He decided that all non- consensual sexual relationships is classed as rape. 
This case caused a massive development in British law. This case and the change has given women all across the world the justice they deserve when they are a victim of rape either by there husband or by a complete stranger. Its not for women, this case has also had a massive impact on men who are a victim of rape too. ]]> 2019-05-02 19:14:55 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356370031 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356376704 I the decision is made in the lower courts, it can be appealed to a higher court. The higher court may change the decisions if they think that the lower court has interpreted the wrong law. The higher court will then substitute its decision for a previous one that has been made. ]]> 2019-05-02 19:32:17 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356376704 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356381604 The house of lords is bound by the decisions of the European court of justice. However, as the higher appeal court in the whole of England, its decisions bind all the other England courts. Originally, when the decision was made per incuriam, the house of lords was bound by its own previous decisions. ]]> 2019-05-02 19:46:46 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356381604 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356400767
In law, common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch (the interactions among these different sources of law are explained later in this article). Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.

The common law—so named because it was "common" to all the king's courts across England—originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066.[10] The British Empire spread the English legal system to its historical colonies, many of which retain the common law system today. These "common law systems" are legal systems that give great precedential weight to common law, and to the style of reasoning inherited from the English legal system]]> 2019-05-02 20:50:33 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356400767 ed05248102 https://padlet.com/ed05248102/ogt4amr4q556/wish/356403108 Statutory law or statute law is written law set down by a body of legislature or by a singular legislator. This is as opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities]]> 2019-05-02 20:59:03 UTC https://padlet.com/ed05248102/ogt4amr4q556/wish/356403108