LEGAL SYSTEMS Development of Law Flashcards
(16 cards)
A barrister cites a previously decided case to the Court of Appeal (Criminal Division) in a trial. The Court of Appeal decide that the previously decided case is relevant and needs to be followed.
Single correct
Which of the following describes the way the Court of Appeal dealt with the previously decided case?
Applied the decision
A judge is sitting in the Supreme Court, where she is considering a case about causation of damage. In her judgment, she refers to the decision of the Court of Appeal which is the subject of the appeal to the Supreme Court and declares that the Court of Appeal’s interpretation of the law in that case was wrong.
Single correct
Which of the following accurately describes how the judge has treated the Court of Appeal decision?
The judge has reversed the decision
Who does the Supreme Court bind?
All lower corts
Itself unless it departs from its decision due to injustice, overulling.
Who is the Court of Appeal bound by? Who does it bind?
Bound by Supreme
Binds all lower courts and itself unless:
- conflicting decisions
- prev decision overuled by supreme
- ‘per incurium’ prev decision made carelessly/wrong.
Who is the High Court bound by in the first instance ? Who does it bind?
Appeal and Supreme
Not binding on any other court unless cases of similar facts.
Who is the High Court bound by as an appeal court ? Who does it bind?
Supreme, Appeal and itself
Binds all lower courts and itself unless:
- conflicting decisions
- prev decision overuled by supreme
- ‘per incurium’ prev decision made carelessly/wrong.
Who is the County/Family court bound by/ Who does it bind?
Bound by High, Appeal, Supreme
Does not bind each other
Persuasive only.
What is the rule of ‘judicial review’
One court should influence others, decisions should be consistent.
What is the rule of ‘stare decisis’
The previous decision should stand and judges should interpret law/apply law consistently with cases where facts and issues are the same.
What is ratio decidendi?
The legal reason for the decision — the binding part of a judgment.
What does it mean for a court to “distinguish” a precedent?
court avoids following a precedent by showing the facts are materially different.
- In an earlier case, a defendant was held liable for leaving a hazard on private land. In a new case, the hazard was on public land, so the court distinguishes the facts and doesn’t follow the old precedent.
What does “overruling” a precedent mean?
higher court decides a previous decision was wrong and sets a new precedent.
- different case
What does “reversing” a decision mean?
higher court overturns the decision of a lower court in the SAME CASE appeal.
- same case
- same parties
Can the UK Government issue an executive decree without legal basis, if supported by the public?
No it cannot - even if the public want something to happen. It cannot act outside of the law.
“the King has no prerogative but that which the law of the land allows him.” (Chief Justice Coke, 1610).
What do the Parliament Acts 1911 and 1949 allow the House of Commons to do?
They allow the Commons to bypass the House of Lords and send a Bill for Royal Assent without the Lords’ approval, if the Lords repeatedly block or delay the Bill.
