Ford Flashcards

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1
Q

What dose FORD stand for

A

Follow
Overruling
Reversing
Distinguishing

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2
Q

Which of ford is not an avoiding precedent

A

Follow

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3
Q

What is overruling

A

Where a court in a later case states that the legal point in a previous case is wrong

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4
Q

What is case examples of overruling

A

Young v Bristol aeroplane 1944. Allows the C/A to overrule previous decisions.

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5
Q

What’s case overruled Andersen v Ryan

A

R v shivvpuri overruled Anderson v Ryan

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6
Q

Practice statement allows House of Lords and Supreme Court to do what

A

To overrule past decisions

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7
Q

What is reversing

A

This is where a court higher in the hierarchy overturns the decision of a lower court on appeal in the same case

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8
Q

What is an example of reversing

A

The c/A May disagree with the legal ruling of the high court and change / reverse their decision

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9
Q

What is distinguishing

A

Distinguishing is a method which can be used by a judge to avoid following a past decision which he would otherwise have to follow
It means that the judge finds that the material facts of the case he is deciding are sufficiently different from the previous case to draw a distinction.
He is then not bound by earlier case and the earlier precedent does not need to be followed and a new precedent is set.
Merritt v Merritt 1971 was distinguished by Balfour v Balfour 1919

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