laws101 glossery Flashcards
(12 cards)
What does followed mean
where a court is expressing itself as bound by a previous decision of a court of co-ordinate or superior jurisdiction in a case with the same material facts
What does applied mean?
where a court is applying the principle of a previous decision, the facts of which are materially different to the later case
What does approved mean?
where a court approves a previous decision of a court of inferior jurisdiction in unrelated proceedings
What does adopted mean?
where a court uses the reasoning of a decison that is not binding authority in NZ to arrive at a decison for the later case
What does distinguished mean?
where a court decides that it need not follow a previous case even when it would otherwise be bound by it, because there is some salient difference between the previous case and the later one
What does not followed mean?
where a court has declined to follow a decision of a court of co-ordinate jurisdiction in a case with the same material facts
What does overruled mean?
where a court decides that a previous decision of a court of inferior jurisdiction in unrelated proceedings is wrong
What does doubted/disapproved/critisised mean?
where a court disagrees with a previous decision but either it is not necessary for the purpose of the case before it to overrule the previous decision, or, both courts being of co-ordinate jurisdiction, there is no power to overrule the previous decision
What does considered mean?
where a court considers a previous decision but does not actually follow, apply, distinguish it, etc…
What does explained mean?
where a court interprets a previous decision and states what it means
What courts can overrule themselves?
only the SC and CA; the DC and HC does not overrule itsself, instead, it just doesn’t follow the decision.
What else can overruled mean when it deals with courts of co-ordinate jurisdiction?
it is where the NZSC or NZCA overrules one of its own prior decisions
