Types of Judicial Decisions

Question 1

Following

Answer 1

-When a judge uses the same reasoning as a judge in a previous case with similar facts.

Question 2

Overruling

Answer 2

-When judges of a same level or justices of the supreme court using the practice statement change the reasoning of a previous judge from a lower court on a different case with similar facts. E.g. R v Ryan – Judge overruled decision in R v Brown to say entry need not be complete or effective.

Question 3

Reversing

Answer 3

-When a judge changes a decision on appeal. E.g. R v Martin- judge changed conviction of murder to voluntary manslaughter

Question 4

Distinguishing

Answer 4

-When a judge avoids having to follow the reasoning of a previous judge by pointing out that the facts are different.