following precedent in courts Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

european court of justice

A
  • Since Brexit, we do not need to follow their decisions so precedent is only PERSUASIVE
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

court of appeal

A
  • Bound by Supreme Court

- Binds by itself except when there are conflicting past decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

MC

A
  • bound by all higher court except Crown Court due to the lack of law reports
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

meaning of bind and bound

A

binds- must be followed by

bounds- must follow decisions made by

How well did you know this?
1
Not at all
2
3
4
5
Perfectly