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Precedent

 Precedent 

Precedent are cases decision that are either declarative or original 

Declarative 

 Authoritative  - decision of the superior courts 

  Absolute 

    House of Lords decision is final 

    The courts of appeal has no authority to question House of            Lords 

   The court of first instance is bound to the court of appeals.

   Conditional 

     The decision of the court of appeal is binding on the court of first instance but conditional to the court of lords

 Persuasive 

   These are decisions taken using historical facts

   The decisions of the foreign courts , the judgment of Irish      courts and international courts 


Original 

 When there is no other precedent the judges may create a new one to fill the void.

Stare decisis

 Orbiter dictum 

Judges may say certain things and principles on the go not binding to the courts.

 Ratio decidendi 

   When there is no authoritative precedent the judges may use principles of justice and facts to Create a new one.

Res judicata 

The decision of the superior courts is final the same matter may not be tried or opened again.

Judge and jury

The judge decides the cases on the basis of law

Jury decides on then basis of facts

The judges may sometime decide principles for the cases without the consent of the jury.


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