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
a previous case or legal decision that may be or must be followed in subsequent similar cases
9. What cases link to distinguishing?
Herrington v BRB, R v R 1991, R v Wilson 1996
Balfour v Balfour 1919, R v Brown 1993, R v Wilson 1996
R v R 1991, Balfour v Balfour 1919, Addie v Dumbreck
10. What is a Bill
A pass through
A proposal presented to the House of Commons
A person
A famous judge
11. What can the Court of Appeal use to avoid precedent?
Can't avoid precedent
The practice statement
Young v Bristol Aeroplane 1944
Distinguishing, Overruling
12. What is meant by binding precedent?
a previous case or legal decision that may be or must be followed in subsequent similar cases
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.
precedent, which a judge is not obliged to follow
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
13. What is the fourth stage of reading a bill?
Second reading
First reading
Report stage
Commitee stage
14. What is the fifth stage of reading a bill?
Commitee Stage
Second reading
First reading
Report stage
15. 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
16. 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.
17. What is the second stage of reading a bill?
White paper
White paper
White paper
Green paper
18. What is the third stage of reading a bill?
Commitee stage
Report stage
First reading
White paper
Third reading
19. How can the Supreme Court avoid precedent?
use the practice statement
distinguish, reversing, overruling
Young v Bristol Aeroplane 1944- three conditions
cant avoid precedent
20. What is meant by reversing?
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 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.