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Doctrine of Precedent

Doctrine of Precedent. JUDGE MADE LAW. Judges ‘make’ law in 2 main ways. What does this cartoon mean?. DO NOW. Statutory interpretation. Judges interpret legislation made by Parliament – they explain the meaning of words. Words have different meanings in different contexts

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Doctrine of Precedent

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  1. Doctrine of Precedent

  2. JUDGE MADE LAW

  3. Judges ‘make’ law in 2 main ways

  4. What does this cartoon mean? DO NOW

  5. Statutory interpretation

  6. Judges interpret legislation made by Parliament – they explain the meaning of words

  7. Words have different meanings in different contexts • Judges have to follow specific rules when interpreting legislation • These rules are set out in Interpretation Acts

  8. New situations

  9. What happens if Parliament doesn’t like the laws that Judges make?

  10. What does this cartoon mean? DO NOW

  11. What two things does the doctrine of precedent rely on in order to work effectively?

  12. Doctrine of precedent the rules of precedent – how it is made and applied by Judges • Law Reports a permanent record of the important judgments SOME DEFINITIONS

  13. Ratio decidendithe Judge’s reasons for the decision (found in the judgment) • Stare decisisLatin for ‘the decision stands’ – a rule that lowers courts must follow the decision of the higher courts in the same hierarchy in similar cases

  14. Obiter dictum comments made by Judges that are not part of the reasons for the decision. They may be persuasive in later cases. • Binding precedent a precedent (legal principle) that must be followed by lower courts in similar cases

  15. Persuasive precedent A precedent (legal principle) that does not have to be followed

  16. What does this cartoon mean? DO NOW

  17. What does this cartoon mean? DO NOW

  18. What does this cartoon mean? DO NOW

  19. What does this cartoon mean? DO NOW

  20. What does this cartoon mean? DO NOW

  21. What does this cartoon mean? DO NOW

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