Judicial precedent part 2 Flashcards
What is the basic principle of the hierarchy of the courts?
Higher courts bind lower courts.
Which courts can set precedents?
Supreme court
Court of appeal
High court
What is the court hierarchy for CIVIL cases?
Supreme court
Court of appeal
High court
County court
Magistrates court
What is the court hierarchy for CRIMINAL cases?
Supreme court
Court of appeal
High court
Crown court
Magistrates court
What is the 1966 Practice Statement?
A declaration allowing the Supreme Court to depart from its own previous decisions “where it appears right to do so”
What is one example of when the Practice Statement was used?
British Railways Board v Herrington which overruled the decision in Addie v Dumbreck.
What is one exception where the court of appeal is not bound by its previous decisions?
If the decision was per incuriam (made in error).
What is a 2nd exception where the court of appeal is not bound by its previous decisions?
If there are two conflicting Court of Appeal decisions, the court must decide which one to follow.
What is a 3rd exception where the court of appeal is not bound by its previous decisions?
If the decision conflicts with a Supreme Court decision, then Supreme Court must be followed.
What is a 4th exception where the court of appeal is not bound by its previous decisions?
If the previous decision was wrong and will do injustice to the defendant.
Why do criminal appeals need more flexibility than civil appeals?
Because the liberty of the individual is at stake.
What is meant by law reporting?
The process of publishing and recording decisions made by courts so they are accessible to everyone.
What is an advantage of judicial precedent?
Creates certainty as like cases will be treated the same.
What is a 2nd advantage of judicial precedent?
It allows flexibility which means the law can keep up to date with social change.
What is a disadvantage of judicial precedent?
It is undemocratic as it allows judges to make the law.
What is a 2nd disadvantage of judicial precedent?
The system is hugely complex.
