Unit 1 Law

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

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