Handling Precedent^

Question 1

Following

Answer 1

use the same reasoning as the previous judge and apply to their case
- bound by previous decision

Question 2

Overruling

Answer 2

overrule decision in previous case of a lower court in a different case
if overruled, their decision becomes precedent
C of A and SC can overrule their own decision
- the Practice Statement
- per incuriam

Question 3

Reversing

Answer 3

same case
appealed, so higher cause reverses the decision in the same case

Question 4

DIstinguishing

Answer 4

avoid following precedent by distinguishing between the facts
- look for differences in cases to not apply the same

Question 5

R V Brown VS R V Wilson

Answer 5

Brown
- gay group, small injury
- not in the public’s interest
Wilson
- husband and wife
- land in hospital
- valid consent
facts/ decision differ in gay VS married couple