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Doctrine of Precedent

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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 - PowerPoint PPT Presentation

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Page 1: Doctrine of Precedent

Doctrine of Precedent

Page 2: Doctrine of Precedent

JUDGE MADE LAW

Page 3: Doctrine of Precedent

Judges ‘make’ law in 2 main ways

Page 4: Doctrine of Precedent

DO NOW

What does this cartoon mean?

Page 5: Doctrine of Precedent

Statutory interpretation

Page 6: Doctrine of Precedent

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

Page 7: Doctrine of Precedent

Words have different meanings in different contexts

Judges have to follow specific rules when interpreting legislation

These rules are set out in Interpretation Acts

Page 8: Doctrine of Precedent

New situations

Page 9: Doctrine of Precedent

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

Page 10: Doctrine of Precedent

DO NOW

What does this cartoon mean?

Page 11: Doctrine of Precedent

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

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SOME DEFINITIONS

Doctrine of precedent the rules of precedent – how it is made and applied by Judges

Law Reports a permanent record of the important judgments

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Ratio decidendi the Judge’s reasons for the decision (found in the judgment)

Stare decisis Latin for ‘the decision stands’ – a rule that lowers courts must follow the decision of the higher courts in the same hierarchy in similar cases

Page 14: Doctrine of Precedent

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

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

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DO NOW

What does this cartoon mean?

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DO NOW

What does this cartoon mean?

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DO NOW

What does this cartoon mean?

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DO NOW

What does this cartoon mean?

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DO NOW

What does this cartoon mean?

Page 21: Doctrine of Precedent

DO NOW

What does this cartoon mean?


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