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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Other questions in this quiz
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