following precedent in courts Flashcards
1
Q
european court of justice
A
- Since Brexit, we do not need to follow their decisions so precedent is only PERSUASIVE
2
Q
supreme court (formerly house of lords)
A
- Supreme Court decisions are BINDING ON ALL LOWER COURTS
- 1966 practice statement, they don’t need to follow their own decisions -> before they has to follow their decisions, addie v dumbreck overruled herrington v brb
3
Q
court of appeal
A
- Bound by Supreme Court
- Binds by itself except when there are conflicting past decisions
4
Q
what are the three exceptions in court of appeal
A
1, When there are two decisions they can follow either of them
2, When an error has been made (PERCURIAM)
3, appeal which can be over ruled if law misunderstood-> From Young V Bristol
5
Q
queens bench divisional court
A
binds by itself with some exceptions and binds all of the court and hierarchy
-bound by Supreme court, CoA
6
Q
crown court
A
- binds by MC that can be on likely due to a lack of reporting in law reports
- Bound by all higher courts
7
Q
MC
A
- bound by all higher court except Crown Court due to the lack of law reports
8
Q
meaning of bind and bound
A
binds- must be followed by
bounds- must follow decisions made by