Precedent

• Give a case for binding precedent

  Howe
• Persuasive precedent examples:


  1. decisions from lower courts
  2. decisions of the judicial committee of the privy council
  3. obiter dicta
  4. dissenting judgements
  5. decisions from other countries
• What is original precedent?

  the first ever decision in a new area of law, Gillick
• what is overruling?


  legal rule decided in an earlier case by lower court is wrong and replaces it with a new precedent
• What is reversing?


  a higher court up in the hierarchy overturns lower court decisions
• What is distinguishing?


  current case is so different from an earlier one the judge is not bound to follow the earlier case
• What case overruled caldwell?

  R v G
• Give the two cases for overruling

  caldwell and R v G
• Give a case for reversing


  R v Kingston
• Give two cases for distinguishing

  Balfour and Merrit
• what is the effect of distinguishig?

  both cases remain good law as they both could still be relevant
• Does Supreme court have to follow it's previous decisions?

  Yes but they have a special power which allows it to depart from its own previous decisions (The Practice Direction)#
• When was the first major use of the practice direction?

  Herrington
• Is the court of appeal bound by its own past decisions?


  must follow its own past decisions apart from three exceptions set out in Young
• What are the three limited exceptions?

  1. Where a previous decision has been overruled by SC the CA must follow SC
  2. Conflicting CA decisions, CA can choose between them
  3. If previous decision was made in error
• Give the advantages of precedent

  1. Certainty
  2. Flexibility
  3. Saves time
  4. Judges are legal experts
• Give the disadvantages of precedent

  1. undemocratic
  2. incremental approach
  3. distinguishing can be abused
  4. Rigid