Mapa mental
Judicial Precedent

Mind map: judicial precedent
Conteúdo do mapa
Judicial Precedent
How to Avoid Precedent...
- Distinguishing
- If the current case is different from the past, then it doesn't have to be followed.
- Merritt v Merritt (1971) distinguished Balfour v Balfour (1919)
- Overruling
- A higher court doesn't have to follow a past case from a lower court or itself.
- Hedley Byrne v Heller and Partners (1964) overruled Candler v Crane Christmas & Co. (1951)
- The Practice Statement 1966 allows the Supreme Court to depart from its own previous decisions when it appears right to do so.
- Reversing
- A higher court does not follow precedent of a lower court and the original decision is reversed.
- Fitzpatrick v Sterling Housing Association (2000)
- Disapproving
- If a judge disagrees with a previous case, then they don't have to follow it.
- Distinguishing
Court of Appeal
- In Young Bristol Aeroplane Co. Ltd (1944), the CA held that it was bound to its own previous decisions subject to the following 3 exceptions:
- 1) Where the previous decision conflicts with a later HL decision, then the CA must follow the HL decision.
- 2) Where there are 2 conflicting previous CA decisions then the CA must choose which one to reject.
- 3) If the previous decision was made per incuriam then it will lose its binding force.
- In Young Bristol Aeroplane Co. Ltd (1944), the CA held that it was bound to its own previous decisions subject to the following 3 exceptions:
Advantages of Avoiding Precedent
- Potential for Growth - Gives an opportunity for judges to modernise and develop the law when neccessary.
- Unfair Laws can be Replaced - Allows unfair laws to be abandoned and replaced with more appropriate decisions.
Disadvantages of Avoiding Precedent
- Retrospective Law Making - Changing the law is unjust because the precedent that is set applies to events that have already happened.
- Undemocratic - Judges who are not elected by the general public can chose to avoid precedent when they choose to do so.
Informações
- Descrição
- A Level Law (Judicial Precedent) Mapa Mental sobre Judicial Precedent, criado por beth.clough em 13-11-2013.
- Criado por
- beth.clough
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