Legal System 3: System of Precedent

Question 1

How does vertical binding effect work? Is it limited?

Answer 1

top down from highest court to courts lower.
Not limited

Question 2

Which courts can bind themselves horizontally?

Answer 2

Court of Appeal
- only in civil division
- in criminal division it can depart from own decisions if convicted that the decision was wrong and would cause hardship

High Court
- only if it was acting as appellant court
- not binding if it was acting in first instance

Question 3

When is a decision binding?

Answer 3

Prior decision must involve similar facts and similar laws

Statement must come from majority or unanimous decision

Question 4

What is the route of appeal in civil cases?

Answer 4

1. County Court: DJ
2. County Court CJ
3. High court: High court judge
4. Court of Appeal: Lord Justice
5. Supreme Court: Justice

Question 5

What is the destination of appeal if case if heard by high court master?

Answer 5

To High Court Judge

Question 6

What is the process for appealing?

Answer 6

1. seek permission from court that made judgement
2. Only if they refuse apply to court which will hear appeal

Question 7

When might an appeal be grated (requirements):

Answer 7

Granted only if:
- claim looks to have real prospect of success; or

• there is another pressing reason to hear case

Question 8

What is doen in an appeal in civil case vs criminal case?

Answer 8

Civil Case
- only look at lower courts decision
- no new evidence unless permission granted

Question 9

What is considered in criminal appeal of magistrates decision (crown court and high court)?

Answer 9

Crown court
- for sentence or conviction
- full rehearing of case
- can use new evidence/witnesses

High Court
- only legal arguments
- no rehearing of case
- 3 judges affirm, amend or return magistrates decision

Question 10

What are the options to appeal from magistrates court?

Answer 10

Crown Court
- Defendant only
- against sentence and/or conviction
- full rehearing

High Court
- either party
- only if decision was wrong in law or ultra vires
- on full rehearing

Question 11

Where can you appeal crown court decision?

Answer 11

DEFENDANT only

• to court of appeal
• within 28 days of decision

Question 12

When can a criminal appeal be made to court of appeal?

Answer 12

Only on grounds that conviction was unsafe
- evidence wrongly admitted/excluded
- direction wrongly given or omitted
- obvios bias etc.

Question 13

If horizontal binding does not apply should court follow precedent set by own court?

Answer 13

Yes unless are a cogent (convincing) reasons for not doing so

If there are conflicting decisions then the latter one will apply