Avoiding Precedent Flashcards
1
Q
Reverse
A
A court higher up is hearing the appeal and overturns the decision of a lower court in the same case, shown in Sweet v Parsley.
2
Q
Overrule
A
Lower court decides the law in an earlier case is wrongly decided, either a bigger court can decide that the lower court is incorrect or the practice statement is used in the supreme. Shown in Pepper v Hart where hol overruled or Davis v Johnson using Hansard.
3
Q
Distinguish
A
If a judge can find enough differences between material facts in their case and the one that they have to follow, they can set the old one aside and create a new precedent for new facts, shown in Balfour v Balfour.
