Reversing as a method of avoiding precedent A01 Flashcards

1
Q

define reversing

A

where a court higher up in the hierarchy reverses and therefore overturns a decision of a lower court in the same case (i.e: the case is moving through the appeal courts)

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2
Q

what is the outcome

A

this changes the decision/ruling in the lower court

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3
Q

example of how reversing would work

A

e.g: the UKSC may disagree with the CoA’s decision when the same case gets appealed up to the UKSC

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4
Q

how did Fitzpatrick v Sterling illustrate overruling

A

HoL reversed the decision of the CoA and held that a longstanding homosexual relationship did constitute ‘family’ for legal purposes of tenancy transferal

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5
Q

how did Gillick v WNHA illustrate reversing

A

CoA reversed the decision of the HC and held that doctors could prescribe the contraceptive pill to girls under 16 without parental consent

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