Can Civil cases bind criminal cases and visa versa?
No
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How do previous decisions effect the Court of Appeal?
Past decisions are binding upon future decisions
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Young v Bristol Aeroplane rule 1
If there are conflicting decisions in past Court of Appeal cases the court can choose which decision it will reject
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Young v Bristol Aeroplane rule 2
If there is a decision of the House of Lords Which overrules a past Court of Appeal decision The Court of Appeal must follow the House of Lords decision
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Young v Bristol Aeroplane rule 3
If the decision is made “per incuriam” (carelessly or by mistake)
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How can the Criminal division of the Court of Appeal refuse to follow a past decision?
If the law has been “misapplied or misunderstood”
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why is there an "extra exception" for the criminal division?
because a person’s liberty may be at stake
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Other cards in this set
Card 2
Front
Can Civil cases bind criminal cases and visa versa?
Back
No
Card 3
Front
How do previous decisions effect the Court of Appeal?
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