2- Flexibility Of Precedent

Question 1

When does reversing precedent occur?

Answer 1

This is when a judge in a higher court deciding a case on appeal rules that the lower court’s decision was incorrect.

Thus they reverse the lower court’s decision and create a new binding precedent.

Question 2

When does overruling precedent occur?

Answer 2

When a judge in a higher court rules that the lower (or equal) court’s decision was incorrect. This is when there is different case, but with similar facts and circumstances.

Creates a new binding precedent.

Question 3

When does distinguishing precedent occur?

Answer 3

When there are significant differences between the current case, and the earlier precedent set. Current court may choose to distinguish their case from the previous one.

After this, two different precedents exist.

Question 4

When does disapproving precedent occur?

Answer 4

This occurs when a judge refuses to follow earlier precedent established by another judge of the same court. They disapprove the earlier decision.

Both precedents remain.

Question 5

Provide an example of reversing precedent.

Answer 5

In the studded belt case, the Supreme Court reversed the decision of the Magistrates’ Court.

Question 6

Provide an example of overruling precedent.

Answer 6

Precedent set in the county court may be overruled by judges in the Supreme Court.

Question 7

Provide an example of distinguishing precedent

Answer 7

Winterbottom V Wright was distinguished from Langridge V Levy, because there was no fraud.

Question 8

Provide an example of disapproving precedent.

Answer 8

If the Supreme Court disagrees with a precedent set by the High Court, they are still bound to follow it. However, they can disapprove it.