Sources Of Law Flashcards
Do magistrates and crown create law by their rulings?
No they are inferior courts. Only superior courts effect inferior judgements.
Example - same circumstances in crown court week before. Doesn’t make any difference. Judges only have to listen to superior courts so can make their own judgement.
High court judge sitting in crown court. Can they lay down a precedent?
No it must be a superior court.
Can a crown court judge avoid a precedent set by a superior court?
Only if the circumstances are sufficiently different. This is called distinguishing.
Judges cant decide on a majority on a decision to create a precedent. What happens now?
They are in odd numbers. The majority create the binding precedent and the minority create a orbiter dicter which will not bind subsequent decisions.
What if a judge makes an opinion about something straying away from the case. Is it binding?
No - it is persuasive but not binding should the issue actually arise in the future.
