Hierachy Of Court Flashcards
(12 cards)
Highest court and why
Supreme Court - every court below is bound by decisions , doesn’t have to follow own past decision due to practice statements 1966
Under supreme court
Court of appeal - bound by decisions , must follow Supreme Court
What does court of appeal divide into
Criminal division
Civil division
Criminal division
Every court below bounce by decisions
Civil division
Appeal court that has both criminal and civil
Bound by its own previous decisions
Case for civil division court of appeal
Young v Bristol Aeroplane -Mr. Young was an employee of Bristol Aeroplane Co. Ltd.
He suffered injuries while working due to alleged negligence by the company.
He brought a claim under common law and statutory duty for damages due to the injury.There was a previous decision by the Court of Appeal that conflicted with what Mr. Young’s case was arguing.
The Court of Appeal had to decide: Are we bound to follow our earlier decision, even if we think it might be wrong?
POL:If there are two previous decisions of the Court of Appeal that conflict, the court can choose which to follow.
What under the criminal divisions?
Crown court , they must follow all precedent and hears complex criminal cases
What’s under crown court
Magistrate court , hears less serious criminal cases , must follow all precedents
What under civil division ?
High court , hears complex civil cases , must follow Supreme Court and COA
What other 2 courts are under civil division ?
Tribunal e,g taxation, employment, immigration
County courts , less complex civil cases , must follow all precedents before
What happens in lower courts like tribunals, county and magistrate
Don’t make binding precedent
Bound by courts above
Must follow all precedents
What’s binding precedent
One which other courts must follow
