Unit 1 Law

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  • Created by: _marxlee
  • Created on: 08-04-16 16:49

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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2. What is meant by ratio decidendi?

  • reasons for the decision
  • Other things said
  • the standing by of previous decisions
  • Guilty mind

3. What is meant by res judicata?

  • 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
  • reasons for the decision
  • a previous case or legal decision that may be or must be followed in subsequent similar cases
  • precedent, which a judge is not obliged to follow

4. What cases link to distinguishing?

  • Balfour v Balfour 1919, R v Brown 1993, R v Wilson 1996
  • R v R 1991, Balfour v Balfour 1919, Addie v Dumbreck
  • Herrington v BRB, R v R 1991, R v Wilson 1996

5. Which two cases link to The supreme court in avoiding precedent?

  • Balfour v Balfour 1919, R v Brown 1993
  • R v Wilson 1996, Whiteley v Chappell 1868
  • Herrington v BRB, Addie v Dumbreck
  • Young v Bristol Aeroplane 1944, Addie v Dumbreck
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