Summary

Nature of law WJEC Unit 1 - "Judicial Precedent" summary notes

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Course
AS UNIT 1 The Nature of Law

Institution
WJEC

Summary notes that include doctrine of judicial precedent, Latin terms and different types of precedent. Very helpful for both WJEC and other boards

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Uploaded on November 25, 2024
Number of pages 6
Written in 2023/2024
Type Summary

law
case law
judiciary
precedent
interpretation
original precedent
binding precedent
ratio decidendi
obiter dicta
persuasive precedent
law reporting

Study Level
A/AS Level
Examinator
WJEC
Subject
Law
Unit
AS UNIT 1 The Nature of Law

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JUDICIAL
PRECEDENT

UNIT ONE SECTION A

, DOCTRINE: JUDICIAL PRECEDENT
Precedent can only operate if the The source of law where past decisions of the
legal reasons reasons for past judges create new law for future judges to
decisions are known: each case follow (case law) Legal system of precedent is
judges make a judgment: decisions based on:
and the reasons for it and generally
contains the following: STARE DECISIS ET NON QUIETA MOVERE
(stand by what has been decided and do not
- A summary of facts
unsettle the established”
- An explanation of the principles
of law judge used (ratio The idea is that by following precedents there
decidendi) will be Consistency. Certainty and Fairness
- A discussion if legal principles
not part of the decision eg Under this doctrine legal decisions made in the
speculation, hypothetical higher courts set a precedent and all courts
situation (obiter dicta) below it in the hierarchy must follow it in cases
of similar fact

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