Court Hierarchy Flashcards
Why is a rigid court hierarchy essential for judicial precedent?
It ensures judges know which decisions are binding and must be followed, and which decisions are not binding and can be overruled.
Which courts are more important for creating precedent: appellate courts or courts of first instance?
Appellate courts, because they hear appeals and set binding precedents.
What is the highest civil and criminal appeal court in the UK?
The Supreme Court.
Which court did the Supreme Court replace in 2009?
The House of Lords.
Are Supreme Court decisions binding on lower courts?
Yes, they are binding on all lower courts.
According to which case did the House of Lords (now Supreme Court) generally bind itself?
The London Street Tramways Case (1898).
What allows the Supreme Court to depart from its previous decisions?
The House of Lords 1966 Practice Statement (now known as Practice Directions 3 and 4).
When can the Supreme Court use the Practice Statement?
When ‘it appears right to do so,’ though this power should be used sparingly.
What case was the first major use of the Practice Statement?
British Railways Board v Herrington.
What legal principle was established in British Railways Board v Herrington?
The occupier of land owes a duty of common humanity to trespassers.
Which case allowed the use of Hansard as an extrinsic aid to statutory interpretation?
Pepper v Hart.
Which earlier case was overruled by Pepper v Hart?
Davis v Johnson.
Which court has a Civil and Criminal Division and binds all lower courts but is bound by the Supreme Court?
The Court of Appeal.
Under which case was it established that the Court of Appeal can depart from its own past decisions?
Young v Bristol Aeroplane.
What are the three exceptions in Young v Bristol Aeroplane?
1) The past decision was made per incuriam (by error); 2) There are conflicting past decisions; 3) A Supreme Court decision has overruled the Court of Appeal decision.
Which court hears appeals in civil and criminal cases and is bound by both the Supreme Court and Court of Appeal?
The Divisional Courts of the High Court.
Can the Divisional Courts depart from their own past decisions?
Yes, using the Young v Bristol Aeroplane exceptions.
Which courts are known as ‘Courts of First Instance’?
Courts that hear trials rather than appeals, including the High Court in civil cases.
Do courts of first instance create binding precedent often?
No, they are less important than appellate courts in creating precedent.
Which courts are considered ‘inferior courts’?
The County Court, Magistrates’ Court, and Crown Court.
Are inferior courts’ decisions binding on other courts?
No, their decisions are bound by higher courts and rarely create precedent.
Can the Crown Court create binding precedent?
In theory, for the Magistrates’ Court, but it is rare.
What court is the County Court superior to?
The Magistrates’ Court.
Under which Act are decisions of the European Court of Justice binding on UK courts?
The European Communities Act 1972.
Under which Act must UK courts take into account decisions of the European Court of Human Rights?
The Human Rights Act 1998.
