Hierarchy of the Courts (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Stare decisis meaning
Stare decisis meaning
Let the decision stand
Supreme Court binding authority
Supreme Court binding authority
Binds all other UK courts
Practice Statement 1966 purpose
Practice Statement 1966 purpose
Lets Supreme Court depart from own decisions
Per incuriam definition
Per incuriam definition
Decision made in error, ignoring relevant law/precedent
Young v Bristol Aeroplane exceptions (3)
Young v Bristol Aeroplane exceptions (3)
Conflicting decisions, SC conflict, per incuriam
Court of Appeal Criminal vs Civil approach
Court of Appeal Criminal vs Civil approach
Criminal stricter due to liberty at stake
High Court first instance self-binding
High Court first instance self-binding
No, only binds lower courts
Lower courts binding precedents
Lower courts binding precedents
No (County, Crown, Magistrates' don't create them)
Privy Council decisions on English courts
Privy Council decisions on English courts
Highly persuasive, not binding
Supreme Court departure conditions
Supreme Court departure conditions
Clearly wrong, changed conditions, modern needs