Ways Judges can avoid JP Flashcards
What is the most common way of handling a precedent in court decisions?
The most common way of handling a precedent is by following it, where the judge makes their decision in accordance with the precedent that has been set.
What does ‘overruling’ mean in the context of judicial precedent?
Overruling occurs when a court in a later case states that the legal rule decided in an earlier case is wrong.
How can overruled decisions occur in the court system? Describe both ways.
Overruling can occur in two ways: (1) when a higher court overrules a decision made in an earlier case by a lower court, or (2) when a court overrules its own decision.
What was the significance of R v R in terms of overruling?
In R v R, the House of Lords overruled previous decisions made by lower courts and made marital rape illegal.
Under which conditions can a court overrule its own decision, as seen in the 1966 House of Lords Practice Statement?
Under the 1966 House of Lords Practice Statement, a court can overrule its own decision when it appears right to do so.
In what case did the House of Lords overrule its previous decision regarding Hansard as an extrinsic aid?
The House of Lords overruled its previous decision on Hansard in the case of Pepper v Hart.
What is ‘reversing’ in judicial precedent, and how does it differ from overruling?
Reversing occurs when the court hearing an appeal disagrees with the decision of the court below in the same case and overrules it.
In Gillick v West Norfolk and Wisbech Area Health Authority, what did the House of Lords reverse in terms of medical consent for girls under 16?
In Gillick v West Norfolk and Wisbech Area Health Authority, the House of Lords reversed the Court of Appeal’s decision and held it was lawful for a doctor to prescribe contraceptives to girls under 16 without parental consent.
How did the House of Lords reverse the decision in Sweet v Parsley?
In Sweet v Parsley, the House of Lords reversed the Court of Appeal’s decision, ruling that the defendant needed to have mens rea to be guilty of the offence.
What is ‘distinguishing’ in the context of judicial precedent?
Distinguishing allows a judge to avoid following a precedent if they believe the facts of the case they are hearing are sufficiently different.
In what situation can a judge use distinguishing to avoid following a precedent?
A judge can use distinguishing to avoid following a precedent when they believe the facts of the case they are hearing are different from the case in which the precedent was set.
How did the Court of Appeal distinguish Balfour v Balfour in Merritt v Merritt?
The Court of Appeal distinguished Balfour v Balfour in Merritt v Merritt because the agreement was made after the couple had separated and was made in writing, thus making it legally binding.
In Balfour v Balfour, why was the verbal agreement between the husband and wife not considered a legally binding contract?
In Balfour v Balfour, the verbal agreement was considered a domestic arrangement and not a legally binding contract.
What factual differences led the Court of Appeal to distinguish Merritt v Merritt from Balfour v Balfour?
The Court of Appeal distinguished Merritt v Merritt from Balfour v Balfour because the agreement was made after separation and was written, unlike the earlier domestic arrangement in Balfour.
