follow, overrule, reverse, distiguish

Question 1

what does reverse mean

Answer 1

where a higher court overturn the decision of a lower court in the same case on appeal

Question 2

give all cases for reverse

Answer 2

Broome v Cassell

Sweet v Parsley

Question 3

state the facts of broome v cassel

Answer 3

lord denning refused to follow a case

judge in HOL overturns dennings decision because he refused to follow the precedent set in rookes v bannard

Question 4

state the facts of sweet v parsley

Answer 4

woman rented house to students who grew cannabis without her knowledge. She was convicted under dangerous drugs act BUT they reversed decision because she had no mens rea of the act happening

Question 5

what does distinguishing mean

Answer 5

A method used by a judge to avoid an otherwise known binding precedent if the materiel facts are sufficiently different

Question 6

Give cases for distinguish

Answer 6

Balfour V balfour
Merrit V merrit
R v brown
R v wilson

Question 7

State the facts in balfour v balfour and merrit v merrit

Answer 7

The judge distinguished between a verbal and written contract where one was a social and domestic agreement and the other intended to create legal creations. Blafour= verbal and social Merrit= written and mortgage

Question 8

what does overule mean

Answer 8

to overule the decision of a lower court

Question 9

what is the case for overule

Answer 9

herrington v BRB

Addie V dumbreck