Operation of judicial precedent

Question 1

What are the three things a judge can do when faced with a precedent?

Answer 1

Follow, or
Overrule, or
Distinguish.

Question 2

What is following

Answer 2

Applies the same principle of law to current case

Question 3

Example of following?

Answer 3

Michael v Chief Constable of South Wales followed Hill v Chief Constable of West Yorkshire

Question 4

What is overruling

Answer 4

Court states previous decision is incorrect. Higher Court overrules lower court

Question 5

Example of overruling

Answer 5

R v Jogee overruled R v English

Question 6

What is Distinguishing

Answer 6

Judge avoids following precedent

Question 7

When does a judge distinguish?

Answer 7

When he finds that the material facts of the current case are sufficiently different from the case setting a precedent

Question 8

Example of distinguishing

Answer 8

Merritt v Merritt distinguished Balfour v Balfour

Question 9

What is the practice statement an example of?

Answer 9

Avoiding precedent