Unit 1 Law

1. What is meant by binding precedent?

  • once a case has reached its final conclusion it cannot be reopened, even if a later decision in another case has been reached in a different way
  • a previous case or legal decision that may be or must be followed in subsequent similar cases
  • precedent, which a judge is not obliged to follow
  • other things said. Things stated in the course of judgement, which are not necessary for the decision. This is a judges opinion which forms persuasive precedent.
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2. How can the Supreme Court avoid precedent?

  • distinguish, reversing, overruling
  • use the practice statement
  • cant avoid precedent
  • Young v Bristol Aeroplane 1944- three conditions

3. What is meant by overruling?

  • This is where a higher court departs from the decision of the lower court on appeal.
  • this is where a court higher in the hierarchy departs from a decision made in a lower court. The previous decision is no longer binding.
  • this is where the facts of the case are deemed sufficiently different so that the previous case is no longer binding.

4. What is the sixth stage of reading a bill?

  • First reading
  • Second reading
  • Report stage
  • Commitee stage

5. What case is linked to overruling?

  • R v Wilson 1996
  • R v R 1991
  • R v Brown 1993
  • Balfour v Balfour 1919

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