Judicial Precedent - DOC by CLO4YG0


									Judicial Precedent

Persuasive Precedent
         Persuasive precedent is precedent that doesn’t necessarily have to be followed-
it is not binding. However it can be used to help judges make decisions in future
cases, using it to guide their own decision-making.
         Persuasive precedent includes examples of situations that are later considered
persuasive. Decisions made in lower courts to the one a judge is sitting in can be
followed as persuasive precedent. For example a law lord might consider a decision
made in the county court, this helps them to make a judgement. An example of this is
R v R (1991), where the House of Lords agreed with the reasoning of the Court of
Appeal, in that rape within marriage cannot be excused.
         An obiter dicta is also considered persuasive precedent, this is simply the
reasoning behind the judgement that is not binding, also known as other things said.
This was present in R v Howe (1987) this included the judges deciding that duress is
not held an acceptable dismissal of murder. The obiter dicta from this case was later
used in R v Gotts (1992).
         Decisions made outside of the English Legal System are also, quite obviously
not binding, and therefore persuasive. For example a case in America – Re AC (1990)
had similar facts of a later case within the English Legal System, it was used as
persuasive precedent to help the judges make a judgement.
         Reasoning by the Privy Council can only be used as persuasive precedent as it
is outside the English Hierarchy of the Courts. The Privy Council is made up of Law
Lords, who also sit in the House of Lords.

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