1. What is meant by overruling?
- 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.
- This is where a higher court departs from the decision of the lower court on appeal.
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2. 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
3. What is meant by binding precedent?
- 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.
- a previous case or legal decision that may be or must be followed in subsequent similar cases
- 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
- precedent, which a judge is not obliged to follow
4. Which two cases link to The supreme court in avoiding precedent?
- R v Wilson 1996, Whiteley v Chappell 1868
- Herrington v BRB, Addie v Dumbreck
- Balfour v Balfour 1919, R v Brown 1993
- Young v Bristol Aeroplane 1944, Addie v Dumbreck
5. What is meant by ratio decidendi?
- reasons for the decision
- Guilty mind
- Other things said
- the standing by of previous decisions