1. What is meant by distinguishing?
- This is where a higher court departs from the decision of the lower court on appeal.
- this is where the facts of the case are deemed sufficiently different so that the previous case is no longer binding.
- - 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
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Other questions in this quiz
2. What is the fifth stage of reading a bill?
- Report stage
- Commitee Stage
- First reading
- Second reading
3. What are the 5 advantages of judicial precedent?
- 1.Certainty, 2.Consistency and fairness in the law, 3.Flexibility, 4.Time-saving, 5.Precision
- 1.Certainty,2. Rigidity,3.Illogical distinctions,4.Complexity,5.Time-saving
4. What are the 4 disadvantages of judicial precedent?
- 1.Rigidity,2.Complexity,3.Illogical distinctions, 4.Slowness of growth
- 1.Rigidity,2.Illogical distinctions,3.Complexity, 4.Precision
5. What can the Court of Appeal use to avoid precedent?
- Can't avoid precedent
- Young v Bristol Aeroplane 1944
- Distinguishing, Overruling
- The practice statement