How courts avoid precedent 0.0 / 5 ? LawJudicial precedentA2/A-levelAQA Created by: pdg16Created on: 20-03-18 17:20 What are the two different types of avoiding precedent? Distinguishing and Overruling 1 of 10 What is distinguishing? Finding facts of the case that are different, so they don't have to apply stare decisis, all courts can use this to avoid precedent 2 of 10 What is a case example for distinguishing? Merritt v Merritt 1970 CA, the court did not follow their previous decision in balfour v balfour due to facts of the case not be sufficiently similair 3 of 10 What is overruling? Higher courts within the hierachy are not bound by decisions of inferior courts and may avoid precedent by overruling them 4 of 10 What is a case example of overruling? Kennedy 2007 HL overruled R v Rogers 2003 CA 5 of 10 What is one of the 3 exemptions of the general rule for the CA Previous case decided per incuriam (through lack of care) 6 of 10 Case example for this Williams v Fawcett 1985 CA, had no reference to a relevant authority 7 of 10 What is another one of the 3 exemptions of the general rule for the CA Previous case had been impliedly overruled by SC or HL 8 of 10 And another one 2 or more previous conflicting decisions of CA, then may choose which decision to follow 9 of 10 Case example CA ignored precedent in R v Wheat to R v Gould where CA said bigamy is not a strict liability offence 10 of 10
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