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To stand by what has previsouly been decided |
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A decision that a judge may choose to follow |
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A decision which must be followed |
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Allows a judge in the Supreme Court to depart from its own previous decisions |
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A higher court makes a different decision in a separate case |
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Finding a difference in material facts between two similar cases to avoid following a precedent |
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A judge's report on a case |
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Advantage which saves money |
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Time savng: don't have to pay for as much lawyer and court time |
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Advantage which makes it fair |
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Advantage which allows the law to change with society |
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Flexibility e.g use of the practise statement in A v Hoare |
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Advantage which makes it fair |
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Disadvantage because the trials can be confusing and complicated |
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Disadvantage of the reluctance of the Supreme Court to change law |
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Rigidity, e.g. R v R (1991): marital exemption does not excuse rape |
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Case which confirmed the Supreme Court is bound by its own decisions |
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London Street Tramways 1898 |
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Case which created negligence - new precedent |
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