Describe The Court Hierarchy As A Feature Of Judicial Precedent Flashcards
What is the role of a rigid court hierarchy in judicial precedent?
A rigid court hierarchy ensures judges know which decisions are binding and must be followed, and which are not binding and can be overruled.
What is the function of appellate courts?
Appellate courts only hear appeals and are more important than courts of first instance when creating precedent.
What is the highest court in the UK?
The Supreme Court is the highest civil and criminal appeal court in the UK, replacing the House of Lords in 2009.
What is the binding effect of Supreme Court decisions?
Supreme Court decisions are binding on all lower courts and generally bind itself, as established in the London Street Tramways Case in 1898.
What does the House of Lords 1966 Practice Statement allow?
It allows the Supreme Court to not follow its own decision ‘where it appears right to do so’, resulting in a change in the law, but should be used ‘sparingly’.
What was the first major use of the Practice Statement?
The first major use was in British Railways Board v Herrington, which overruled Addie v Dumbreck regarding the duty of care owed to trespassers.
What are the exceptions for the Court of Appeal binding itself?
The exceptions are: decisions made ‘per incuriam’, conflicting previous decisions, and decisions later overruled by the Supreme Court.
What is the role of the High Court in the court hierarchy?
The High Court hears appeals in civil and criminal cases, is bound by the Supreme Court and Court of Appeal, and usually binds itself.
What are inferior courts and their binding effect?
Inferior courts, such as the County Court, Magistrates’ Court, and Crown Court, are bound by all higher courts and their decisions are unlikely to create precedent.
What is the relationship between the Crown Court and the Magistrates’ Court?
The Crown Court is a criminal court that can theoretically create precedent for the Magistrates’ Court.
What is the relationship between the County Court and the Magistrates’ Court?
The County Court is a civil court superior to the Magistrates’ Court and deals with some civil cases.
What is the role of a rigid court hierarchy in judicial precedent?
A rigid court hierarchy ensures judges know which decisions are binding and must be followed, and which are not binding and can be overruled.
What is the function of appellate courts?
Appellate courts only hear appeals and are more important than courts of first instance when creating precedent.
What is the highest court in the UK?
The Supreme Court is the highest civil and criminal appeal court in the UK, replacing the House of Lords in 2009.
What is the binding effect of Supreme Court decisions?
Supreme Court decisions are binding on all lower courts and generally bind itself, as established in the London Street Tramways Case in 1898.
What does the House of Lords 1966 Practice Statement allow?
It allows the Supreme Court to not follow its own decision ‘where it appears right to do so’, resulting in a change in the law, but should be used ‘sparingly’.
What was the first major use of the Practice Statement?
The first major use was in British Railways Board v Herrington, which overruled Addie v Dumbreck regarding the duty of care owed to trespassers.
What are the exceptions for the Court of Appeal binding itself?
The exceptions are: decisions made ‘per incuriam’, conflicting previous decisions, and decisions later overruled by the Supreme Court.
What is the role of the High Court in the court hierarchy?
The High Court hears appeals in civil and criminal cases, is bound by the Supreme Court and Court of Appeal, and usually binds itself.
What are inferior courts and their binding effect?
Inferior courts, such as the County Court, Magistrates’ Court, and Crown Court, are bound by all higher courts and their decisions are unlikely to create precedent.
What is the relationship between the Crown Court and the Magistrates’ Court?
The Crown Court is a criminal court that can theoretically create precedent for the Magistrates’ Court.
What is the relationship between the County Court and the Magistrates’ Court?
The County Court is a civil court superior to the Magistrates’ Court and deals with some civil cases.
What does the European Communities Act 1972 state about ECJ decisions?
Decisions of the European Court of Justice (ECJ) are binding on all UK courts.
What does the Human Rights Act 1998 require from UK courts?
UK courts must not make a decision that is incompatible with the European Convention of Human Rights.
What must UK courts take into account according to the Human Rights Act 1998?
UK courts must take into account decisions of the European Court of Human Rights.
