Avoiding Precedent

Judicial Precedent Quiz

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  • Created by: chaz
  • Created on: 16-05-09 13:42

1. What is meant by 'Distiguishing' and what is the court case?

  • Where a case is overturned-Pepper v Hart
  • Method used by a judge to avoid having to follow past decisions-Balfour v Balfour, Merrit v Merrit
  • Where a court higher up changes are earlier case decision-RvR
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Other questions in this quiz

2. Overulling is where a later case decides to 'overrule' the earlier decision and this becomes law?

  • True
  • False

3. Give an example of where a case was overruled

  • James v Stewart overruled Milliangos v Frank
  • Pepper v Hart overruled Davis v Johnson
  • Case of 'Marge v Homer' overruled Flanders v Simpson

4. What is meant by 'Reversing'?

  • Where the House of Lords decide to reverse the case
  • Where a court higher up changes an earlier decision in the same case
  • Where a case decision decides its past decision is wrong

5. What happened in the case of Balfour v Balfour?

  • Balfour-Wife sued husband for breach of contract. Did not succeed. the court said there was no intetion to create a legally binding contract and they were still married
  • The wife's claim succeeded. The court said there was an intention to create a legally binding contract as they were 'separated' when they made the contract

Comments

Smokey

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Woooo 100%

Yeaaaah, the Homer and Marge one was abit of a giveaway tho

great for revision

Josh Barnes

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Too easy, the questions gave away the answers and multiple choice ones were made obvious with only one logical answer.

Sarah

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The questions were a bit too easy but well done all the same :)

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