Hierarchy Of Precedent

Question 0

What year did the House of Lords say it would be bound by itself

Answer 0

1898

Question 1

What is binding precedent

Answer 1

Courts are bound by the decisions made in the courts above them

Question 2

Even if the court believes the decision of the higher court is wrong the court must

Answer 2

Follow it

Question 3

Which court is at the top of the hierarchy

Answer 3

European court of justice

Question 4

Who does it bind

Answer 4

All courts below as had supremacy over national law

Question 5

What law must the ECJ cover to bind lower courts

Answer 5

EU matters

Question 6

Which acted stated that the ECJ has supremacy

Answer 6

R v factortame

Question 7

Which cases stated the ECJ is not bound by its past decision

Answer 7

Da Costa.

Question 8

What does the fact the ECJ is not bound by its past decision allow

Answer 8

Flexibility but less certainty

Question 9

Who is at the top of the English hierarchy

Answer 9

Supreme Court

Question 10

Who is it bound by

Answer 10

ECJ

Question 11

It is bound by itself which case

Answer 11

London street tramways v London cc

Question 12

What is the only exception to where the Supreme Court do not need to follow their past decision

Answer 12

Per incuriam

Question 13

What else allows the sc to depart from its past decision

Answer 13

Practice rules

Question 14

Which case confirmed that the SC have the practice rules

Answer 14

Austin v lb of Southwark

Question 15

Who originally had the practice statement and what year

Answer 15

House of Lords1966

Question 16

What does the practice statement allow the HL to do

Answer 16

Depart from their previous decision when they felt it was right to do so

Question 17

Why is the practice statement dangerous

Answer 17

It acts retrospectively whereas judicial ruling acts prospectively

Question 18

When was the practice statement first used

Answer 18

To reflect social change when addie v dumberck was overruled by Herrington v British rail boards which was about duty of care

Question 19

Which cases used the practice statement to reflect economic change

Answer 19

Miliangos v George frank textiles who overruled Havana. Which allowed damages to be paid in any currency due to the instability of the currency markets

Question 20

When was the practice statement first used in criminal law

Answer 20

R v shivpuri who Anderton v Ryan on law involving attempts