Ford Flashcards
What dose FORD stand for
Follow
Overruling
Reversing
Distinguishing
Which of ford is not an avoiding precedent
Follow
What is overruling
Where a court in a later case states that the legal point in a previous case is wrong
What is case examples of overruling
Young v Bristol aeroplane 1944. Allows the C/A to overrule previous decisions.
What’s case overruled Andersen v Ryan
R v shivvpuri overruled Anderson v Ryan
Practice statement allows House of Lords and Supreme Court to do what
To overrule past decisions
What is reversing
This is where a court higher in the hierarchy overturns the decision of a lower court on appeal in the same case
What is an example of reversing
The c/A May disagree with the legal ruling of the high court and change / reverse their decision
What is distinguishing
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