Ways To Avoid Binding precedent Flashcards
What is reversing
When a decision is overturned
Acronym to remember ways to avoid binding precedent
ROD
When can reversing take place
A court higher overturns decision from appeal
To reverse the case must be on
The same point of law
Which case from the magistrates was reversed in the HL
Sweet v parsley where the decision to convict was reversed
What powers does the court have in a reverse
Quash, convict or acquit
When can a court overrule
In a later case when they believe a judgement in an earlier case was wrong so they overrule it. Only a higher court can overrule a lower court
Wh would a court overrule
Because the previous decision is no longer good law
Give an example where overruling happened
R v Kennedy HL over ruled r v Rogers in the court of appeal
When must the Supreme Court overrule itself
When their past decision conflicts with an ECJ decision on eu law. As factortame states ECJ has supremacy over national law
How do the HL overrule themselves
Practice statement
Give an example of when the HL overruled themselves using the practice statement
Pepper v hart overruled Davis v Johnson in the use of Hansard
How do the Supreme Court overrule itself
The practice rules
How does overruling act
Retrospectively
When can a case be distinguished
When the facts or the case are slightly different
