https://padlet.com/jh05125146/tuh3wsmu0uio en-us 2019-02-12 10:18:56 UTC 2019-03-05 10:52:03 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335278890 Statutory law is acts or bills that have been created by government to be followed and upheld, they are all original meaning there was never a mention or need until government created them first of all.]]> 2019-02-26 10:10:48 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335278890 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335280405 Common law differs to statute law because it is created by precedent and so wasn't there before until someone questioned another law, statute law is therefore also created by a judge possibly acting alone or in a group.]]> 2019-02-26 10:17:06 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335280405 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335281316 This is where a precedent starts or begins and so is a decision or ruling made by a court or judge which is different or the first than any previous.]]> 2019-02-26 10:20:26 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335281316 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335281948 Binding precedent is the ruling that everything under the court which made the original precedent must abide and follow their decision.]]> 2019-02-26 10:23:04 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335281948 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335282553 This persuades the higher courts to follow or make an overall ruling decision which would mean every court below must follow this decision, for example if the supreme court decides on a law every court below must follow because its the highest court in England.]]> 2019-02-26 10:25:03 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335282553 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335284327 Judicial Precedent is the understanding that people must follow a decision previously already made specifically if it was decided at a higher level than the current.

]]> 2019-02-26 10:31:24 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335284327 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335287758 The Ratio Dicendi or the rationale for the decision which is the meaning in English is the reason that a judicial precedent is set or the point in a certain case that determines the judgement.

> heavily related to Ratio Decendi is the understanding of Stare decisis which means standing by the decision made which sets the rules out for other judges sop thy must follow the precedent.]]> 2019-02-26 10:44:30 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335287758 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335314664 Is the opposite to Ratio Decendí because when a judge comments Ratio Decendí it's legally binding it's a precedent, however when a judge comments something in passing which carries no weight or is said in remarks.]]> 2019-02-26 12:28:33 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/335314664 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/336311742  This was the famous case in 1990 of a man and his wife who he  raped in their house, the man was convicted of the allegations however he appealed and stated that a man couldn't rape his wife when they are married as the wife gives irrevocable consent to sexual intercourse. The appeal went threw to the court of appeal who set a binding precedent on the all of the courts lower than them when they said that there wasn't any rape exemption in marriage and subsequently the man went down for rape and the supreme court also then set a binding precedent, it even went to the house of lords.]]> 2019-02-28 09:38:44 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/336311742 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/337832492 > Follow
If a case or the facts of a case are extremely similar to a previous one then the judge will follow the precedent in which the last case was dealt.
> Distinguish
If a case and or the facts are not very similar or are quite different from a case then the judge can take points from each and follow a different precedent.
> Overrule
If a case is heard in a lower court and a similar one or the same one comes to light in a higher court then the judge can overrule any decision made by a previous lower judge including the precedent.
> Reverse
If a decision was made by a lower court and this is then appealed to a higher on e then that higher judge can reverse the lower courts decision.

The last two are significantly bad as they remove and take power from the lower courts which almost undermines them.]]> 2019-03-05 10:22:26 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/337832492 jh05125146 https://padlet.com/jh05125146/tuh3wsmu0uio/wish/337839309 By practice it is meant that the supreme courts can change there practice as in change the way they do something, this was brought about because before practice statements the supreme court would of had to gone to parliament and change an act of parliament and so this gives them the ability to make there own decisions.]]> 2019-03-05 10:49:52 UTC https://padlet.com/jh05125146/tuh3wsmu0uio/wish/337839309