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General Inro To The Irish Legal System Precedent Notes

BCL Law Notes > General Intro to the Irish Legal System (GILS) Notes

This is an extract of our General Inro To The Irish Legal System Precedent document, which we sell as part of our General Intro to the Irish Legal System (GILS) Notes collection written by the top tier of University College Dublin students.

The following is a more accessble plain text extract of the PDF sample above, taken from our General Intro to the Irish Legal System (GILS) Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

PRECEDENT

- Each court is bound by the decision of the court of equal or superior jurisdiction.
There's a general acceptance that precedent which guarantees certainty and predictability is favourable over flexibility, uncertainty and a search for individual justice.
Prior decisions are accurately recorded and are reliable and create ease, pace and predictability for the legal professions.

THE EFFECT:
1) Restricts the judge by denying him the executive power that government and legislature have.
2) Even if a judge believes that a decision is erroneous or has a better solution he is forced to decide based on a prior decision.
3) While is restrains and restricts a judge, it also legitimises his decision (makes legal) this preserves confidence in judiciary.

BINDING AUTHORITY:
Court required to follow. By higher or equal courts.

PERSUASIVE AUTHORITY:
Where the court has discretion to follow a decision or not. By foreign or inferior courts. RATIO DESCENDI.
The principle of law applied to the cases facts. Binding authority.

OBITER DICTA.
Not directly relevant. Persuasive authority. Opinions,
comments etc.

DISTINGUISHING.
Can avoid stare decisis by distinguishing a case from a similar one based on the FACTS.
This was a court can
- confine its decision to a particular situation and leaves more flexibility - limited influence - wont assist other cases.

PER INCURIAM
Deciding in
- disregard of a prior decision or statute which could have been relevant but not considered. - per incuriam decisions are not binding. These are through inadvertence. That's why they aren't binding.

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