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Judicial Precedent - Statistics
General Stats
- This quiz has been taken 0 times
- The average score is 0 of 27
Answer Stats
| Hint | Answer | % Correct |
|---|---|---|
| Law reporting is publishing judicial decisions from higher courts to preserve and share binding precedents, ensuring consistency and predictability in the law's _____ | application | 0%
|
| Overruling occurs when a higher court decides that a previous decision (either its own or a lower court’s) was wrong and changes the legal principle, e.g. R v G overruled ________ | Caldwell | 0%
|
| The Practice Statement (1966) was issued by the House of Lords to allow it to depart from its own previous decisions when it believed that following precedent would lead to an unjust or outdated outcome, e.g. R v G overruled _______ | Caldwell | 0%
|
| b) There are _____ judgements, in which case the CA can choose which to follow | conflicting | 0%
|
| When a court follows a previous decision, it applies the legal principle established in an earlier case because the facts are similar, and the precedent is binding. e.g. ___ | Daniels v White | 0%
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| c) When a judgement is made in ______ | error | 0%
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| Magistrates' Court; Crown Court; ______; Court of Appeal; Supreme Court | High court | 0%
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| a) The Supreme Court _____ overruled it | implicitly | 0%
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| Distinguishing occurs when a court decides that the facts of a current case are sufficiently different from a previous case, so the earlier decision is not binding, e.g. | Merrit v Merrit | 0%
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| Persuasive precedent, e.g. R v Howes | Obiter dicta | 0%
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| Binding precedent, e.g. Donoghue v Stevenson | Ratio decidendi | 0%
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| "Let the decision stand" - where courts follow previous decisions in similar cases to ensure consistency and predictability in the law. | Stare decisis | 0%
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| When higher courts bind lower courts; when courts bind equal courts | vertical binding/horizontal binding | 0%
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| 1. The Doctrine of Judicial Precedent | x | 0%
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| . | x | 0%
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| 2. The Hierarchy of the Courts | x | 0%
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| . | x | 0%
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| 3. Law Reporting | x | 0%
|
| . | X | 0%
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| THE OPERATION OF JUDICIAL PRECEDENT | X | 0%
|
| . | x | 0%
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| 1. Following | x | 0%
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| . | x | 0%
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| 2. Distinguishing | x | 0%
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| . | x | 0%
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| 3. Overruling | x | 0%
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| The Court of Appeal can depart from its own decision where: | Young v Bristol | 0%
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