Judicial precedent continued Flashcards

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1
Q

Higher courts bind…

A

…lower courts.

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2
Q

Which courts can set precedents?

A

-SC
-CAO
-Divisional/HC.

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3
Q

Who can set precedent for itself but not higher courts?

A

-county courts.

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4
Q

Which courts cannot set itself or others precedent?

A

-magistrates
-crown court.

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5
Q

Is the high court bound by its own decisions?

A

-no.

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6
Q

What are the three sections of the high court?

A

-chancery division
-KBD
-Family division

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7
Q

What is the high court called when it is hearing appeals?

A

-The divisional court.

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8
Q

What do the divisional courts bind?

A

-All courts below it.

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9
Q

Do the two divisions of the court of appeal (criminal/civil) bind each other?

A

no.

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10
Q

What does the 1966 practice statement allow for?

A

**Departing from a previous decision where ‘it appears right to do so’ (overruling)

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11
Q

Addie V Dumbreck 1929?

A

-Young boy crushed by machinery at a quarry and died.

-‘no duty of care owed to tresspassers’

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12
Q

BRB V Herrington (1976)

A

-where a young boy took a short cut across a trainline and was electrocuted and seriously injured

-‘duty of care owed to trespassers’

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13
Q

What does the practice statement allow for? 2

A

-Changes in attitudes.

-As seen in Dumbreck and Herrington- changes in health and safety/ trespassers.

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14
Q

When was the practice statement used for the first time?

A

1968

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15
Q

Who said the practice statement?

A

Lord Gardiner- worried about injustice

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16
Q

What did London Street Tramways establish? old law use as a comparison

A

The supreme court is bound by its own decisions

17
Q

Why is the house of lords reluctant to use the practice statement?

A

-To ensure certainty in the law.
-Parliaments role to make law.

18
Q

What act brought the supreme court into existence?

A

-The constitutional reform act 2005.

19
Q

What are the four exceptions outlined in Young V Bristol Aeroplane Co to the court of appeal being bound by its decisions?

A

1.Per Incruim (made in ignorance)- extended by R V Cooper.
2.
Conflicting CA decisions
- must choose which one to follow- R V Jenkins.
3.Conflicting house of lords/ SC decision- higher court must be follow- must follow r v G&R because it was overruled by MPC V Cadwell.
4.when the law has been misapplied or misunderstood R V Taylor.