4. System of Precedent Flashcards
What is the horizontal binding effect of decisions of the Court of Appeal in a civil context?
Civil decisions of the Court of Appeal are generally binding on future CoA cases
What is the horizontal binding effect of decisions of the Court of Appeal in a criminal context?
Decisions are binding on future CoA cases, but the court has a discretion to depart from precedent if the earlier decision is deemed wrong.
In what circumstance, will a High Court decision bind future High Court cases?
Where the H.C was acting as an appellate court but not if it was acting as a trial court.
Principle of Stare Decisis
translates into “binding precedent,” means any prior decisions made by the court will stand.
Is the Supreme Court bound by its previous decisions?
No, but rarely overrules itself. Only where it feels it is right to do so.
What precedential status do ‘obiter’ statements have?
Obiter comments are not directly binding on (inferior) courts, adjudicating on the same area, but can prove influential in shaping the decisions of future courts, especially if they relate closely to the subject matter at hand.
- Thus, can have a persuasive effect (ie. if made in S.C)
What is the distinction between a decision being overruled and reversed?
Overruled is when higher court directly determines relevant lower court decision is wrong,
Reversed is when the previous precedent is no longer an accurate representation of the law.
Which court’s decision can establish a precedent?
High Court, Court of Appeals, and Supreme Court
What is the general principle regarding judicial precedent, and its binding nature on courts?
court are bound by their own decision, but may depart from their own precedent, but only if there are strong reasons for doing so (specified exceptions, see later).
* inferior courts have no power in regards to this.
What are the three exceptions where the High Court or the Court of Appeals may be justified in departing from its own precedent?
Still bound by superior court, but may depart from its previous decisions where:
(1) Two conflicting decisions taken in its own court = option to choose;
(2) Previous decision by it own court, though not expressly overruled, in its view, is irreconcilable with a precedent set by a superior court;
(3) Satisfied that its own previous decision was given per incuriam
What is one key distinction between the binding nature of decisions taken in the CoA in civil versus criminal cases?
CoA applies the doctrine of stare decisis with lesser regidity in criminal cases, and may still be justified in departing from its own past decisions for the interests of justice, even though the special exceptions cannot be satisfied.
