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6. What is meant by stare decisis?

  • Other things said
  • Guilty mind
  • Other things said
  • Other things said

7. 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

8. What is meant by res judicata?

  • reasons for the decision
  • 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.