SlideShare a Scribd company logo
1 of 15
Starter:
What’s the Word?
Re
erx
ting
Follow
Overrule
Reverse
Distinguish
All of you should be
able to work out the
terms...
Most of you should be
able to explain what
links the four terms...
Some of you should be
able to illustrate at
least one of the terms..
Overrule
Two different cases:
later overrules the earlier
Example:
R v Shivpuri
overruling
Anderton v Ryan
Example:
R v R
overruling
R v J
How does this come
about?
1. Higher Court overruling the lower
court decision in a previous case:
or
2. Higher Court overruling their own
previous decision.
This can be done by the Supreme
Court using the Practice
Statement
E.g. R v G&R overruling R v
Caldwell
... or the Court of Appeal using the
Young exceptions.
Problems…
Reversing
Same case, further up the hierarchy
R v Woollin
CA = uphold conviction for
murder
HL = reverse (manslaughter)
Fitzpatrick v Sterling Housing Ass.
CA = family doesn’t include gay
partners
HL = reverse family can include
gay partners
R v Kingston
CC = D was liable (no defence)
CA = reverse D was not guilty
(defence)
HL = reverse (no defence)
Examples:
Crown or County
Court
Court of
Appeal
Supreme
Court
Magistrates
Court
High Court
Supreme
Court
Distinguish
A court decides that the precedent does not need to be followed
This relies on the judge deciding that the are not
.
It can be used by court.
R v Wilson
R v Brown
Merritt v Merritt
Balfour v Balfour
R v Shepherd
R v Sharp
CASE:
Joey was asleep in bed when he was woken up by
Lois, his ex-girlfriend. They got into an argument
and Joey pushed Lois down on the bed, sat on top
of her and cut off her ponytail.
She wasn’t bruised, scratched or cut.
Joey is charged with actual bodily harm under s.47
Offences Against the Person Act 1861
The Magistrates ruled that as it was dead tissue, it
was not part of the body and
so acquitted him.
The prosecution appealed to the divisional court,
where you are sitting.
YOU be the judge
You are going to look the precedents and make a legal ruling…
What does the statute say?
It doesn’t help! It only uses the words ‘actual bodily harm’
What about binding cases?
T v DPP in the High Court says that ABH doesn’t have to
cause pain.
D tripped and became unconscious whilst running away
Chan Fook in the Court of Appeal said that bodily includes all
parts of the body, including the brain.
D shouted through the door, and V threw themselves out of the
window, claiming that they were psychiatrically hurt.
Brown in the House of Lords (SC) says that ABH just means
‘more than transient and trifling’.
Applying the law
(with a little source of help)
While there are complex rules regarding when courts can avoid
their own past precedent, one aspect of the doctrine of
precedent is quite simple. A court in England or Wales is strictly
bound to follow the decisions of a court of equal to or higher
than it in the hierarchy of the courts, subject to well defined
exceptions.
In the important case of R v Holley (2005), the Privy Council,
hearing an appeal from the court of appeal in Jersey, decided
that the House of Lords was wrong in R v Smith ( Morgan James)
(2000). Smith has been unpopular with both judges and
academics. However, as we know, Holley is at best persuasive
precedent. In fact, the Privy Council had already decided in
previous cases, that where a case before it was in effect bound
be English law, then it should follow it. On this basis the result of
Holley should have been clear; the Privy Council should have
followed Smith.
In a more recent case, R V James and Karimi (2006), the Court of
Appeal (Criminal Division) had to consider whether to apply
Smith or whether it had, in fact, been overruled by the Privy
Council in Holley. The Court of Appeal chose the latter view and
held that, in exceptional circumstances, a decision of the Privy
Council can take precedence over a decision of the House of
Lords. What the Court of Appeal did in James and Karimi was, in
effect, to overrule the precedent of a higher court.
Adapted from, A Level Law Review Vol 2, No1, Chris Turner, Philip
Allan updates
Key points...
Source is there to be used!
Law you will have to apply will be in
source
Always remember:
Critical point – Reason – Example or
Explanation - AORP
How confident are you feeling with the
application skills?
Put your initials on the line on the way out...
I have no clue and
do not understand
how to apply the
law in these short
questions.
I understand how to
apply the law and
what is demanded
of me for these
questions.
Consolidation
You are going to work
together to produce a
revision aid to the
mechanics of precedent.
You need to include in your
revision section:
Case profile of one key case on the
area
 Clues to at least three other relevant
cases and their importance
 A symbol or diagram relating to your
area
 Clear definition of at least three
terms which are relevant to your area
One joke or pun
One application problem – look at
the back of your handout for help.
All of you must contribute to the
revision aid.
Some of you will be able to include at
least two critical points related to your
area.
Group One:
Ratio and Obiter
Group Two:
Persuasive Precedent
Group Three:
Original Precedent &
General rules of
Precedent
Group Four:
Overruling &
Reversing
Group Five:
Material facts and
distinguishing.
Stop and Check:
Can you match the information correctly?
Intro: LTS?
Main Subheading Means Examples or origins Further explanation or
information
LTS?
Conc:
Describe original precedent and distinguishing precedent using the Source and other
cases to illustrate your answer
Discuss the most appropriate method for avoiding precedent in each of
the following:
Decision Why/because Example/ Evidence AORP
i. The judge in a case believes a potentially binding precedent has been made in error
because it ignored an Act of Parliament.
ii. The case is being heard on Appeal. The appellate court judges believe the first
instance judge decided the case incorrectly
iii. The case is being heard on appeal. The appellate court judges believe that their
own previous decision is wrong and want to change their minds.
Decision Why/because Example/ Evidence AORP
Decision Why/because Example/ Evidence AORP
Intro: LTS?
Main Subheading Means Examples or origins Further explanation or
information
LTS?
Conc:
C. Using the source and other cases to illustrate your answer
i. describe persuasive precedent
C. Using the source and other cases to illustrate your answer
ii. discuss the advantages and disadvantages of the doctrine of precedent.
Intro: LTS
Main Point Because Illustration...
and
However... Because LTS
Conc:
Done your homework?
Put it into the folder and sign
yourself in.
If you have not completed it,
then I want a reason
You have 24 hours to complete
the task and place it on my desk
What have the following got to do with the topic we have
been doing?
Look at the following pictures... Link at least one (bonus if you can link all!) to what we
have covered this topic. Think outside the box!

More Related Content

What's hot

Causation End of Unit Assessment
Causation End of Unit AssessmentCausation End of Unit Assessment
Causation End of Unit AssessmentMiss Hart
 
Insanity & Automatism
Insanity & AutomatismInsanity & Automatism
Insanity & AutomatismMiss Hart
 
Pre trial procedure 2011-12
Pre trial procedure 2011-12Pre trial procedure 2011-12
Pre trial procedure 2011-12Miss Hart
 
Diminished Responsibility
Diminished ResponsibilityDiminished Responsibility
Diminished ResponsibilityMiss Hart
 
Synoptic 2014 and Robbery
Synoptic 2014 and RobberySynoptic 2014 and Robbery
Synoptic 2014 and RobberyMiss Hart
 
Stop and Search
Stop and SearchStop and Search
Stop and SearchMiss Hart
 
Invol mtr 2013 142
Invol mtr 2013 142Invol mtr 2013 142
Invol mtr 2013 142Miss Hart
 
Aims and Factors of Sentencing
Aims and Factors of SentencingAims and Factors of Sentencing
Aims and Factors of SentencingMiss Hart
 
A2 student guide 2011 12
A2 student guide 2011 12A2 student guide 2011 12
A2 student guide 2011 12Miss Hart
 
Involuntary Manslaughter
Involuntary ManslaughterInvoluntary Manslaughter
Involuntary ManslaughterMiss Hart
 
Consent 2011
Consent 2011Consent 2011
Consent 2011Miss Hart
 
Duress & Necessity
Duress & NecessityDuress & Necessity
Duress & NecessityMiss Hart
 
Mechanics of precedent 2012
Mechanics of precedent 2012Mechanics of precedent 2012
Mechanics of precedent 2012Miss Hart
 
Mechanics2013 14
Mechanics2013 14Mechanics2013 14
Mechanics2013 14Miss Hart
 

What's hot (20)

Causation End of Unit Assessment
Causation End of Unit AssessmentCausation End of Unit Assessment
Causation End of Unit Assessment
 
Actus Reus
Actus ReusActus Reus
Actus Reus
 
Insanity & Automatism
Insanity & AutomatismInsanity & Automatism
Insanity & Automatism
 
Pre trial procedure 2011-12
Pre trial procedure 2011-12Pre trial procedure 2011-12
Pre trial procedure 2011-12
 
Diminished Responsibility
Diminished ResponsibilityDiminished Responsibility
Diminished Responsibility
 
Synoptic 2014 and Robbery
Synoptic 2014 and RobberySynoptic 2014 and Robbery
Synoptic 2014 and Robbery
 
Lo c2013
Lo c2013Lo c2013
Lo c2013
 
Stop and Search
Stop and SearchStop and Search
Stop and Search
 
Attempts
AttemptsAttempts
Attempts
 
Invol mtr 2013 142
Invol mtr 2013 142Invol mtr 2013 142
Invol mtr 2013 142
 
Aims and Factors of Sentencing
Aims and Factors of SentencingAims and Factors of Sentencing
Aims and Factors of Sentencing
 
A2 student guide 2011 12
A2 student guide 2011 12A2 student guide 2011 12
A2 student guide 2011 12
 
Involuntary Manslaughter
Involuntary ManslaughterInvoluntary Manslaughter
Involuntary Manslaughter
 
Consent 2011
Consent 2011Consent 2011
Consent 2011
 
Dr 2012
Dr 2012Dr 2012
Dr 2012
 
Duress & Necessity
Duress & NecessityDuress & Necessity
Duress & Necessity
 
Mens Rea
Mens ReaMens Rea
Mens Rea
 
Mechanics of precedent 2012
Mechanics of precedent 2012Mechanics of precedent 2012
Mechanics of precedent 2012
 
Leg 2013 14
Leg 2013 14Leg 2013 14
Leg 2013 14
 
Mechanics2013 14
Mechanics2013 14Mechanics2013 14
Mechanics2013 14
 

Viewers also liked

Catcher [AQA B Lang Lit Cwk Notes]
Catcher [AQA B Lang Lit Cwk Notes]Catcher [AQA B Lang Lit Cwk Notes]
Catcher [AQA B Lang Lit Cwk Notes]Miss Hart
 
Murder 2012 13
Murder 2012 13Murder 2012 13
Murder 2012 13Miss Hart
 
Magistrates 2011 12
Magistrates 2011 12Magistrates 2011 12
Magistrates 2011 12Miss Hart
 
As law session three (precedent)
As law session three (precedent)As law session three (precedent)
As law session three (precedent)Miss Hart
 
Supreme Court & Practice Statement (2012)
Supreme Court & Practice Statement (2012)Supreme Court & Practice Statement (2012)
Supreme Court & Practice Statement (2012)Miss Hart
 
Hl & practice statement (2011)
Hl & practice statement (2011)Hl & practice statement (2011)
Hl & practice statement (2011)Miss Hart
 
Y12 mini mock exam
Y12 mini mock examY12 mini mock exam
Y12 mini mock examMiss Hart
 
As law session two
As law session twoAs law session two
As law session twoMiss Hart
 
As law session one
As law session oneAs law session one
As law session oneMiss Hart
 
Intrinsic or extrinsic qu 2010
Intrinsic or extrinsic qu 2010Intrinsic or extrinsic qu 2010
Intrinsic or extrinsic qu 2010Miss Hart
 

Viewers also liked (12)

Catcher [AQA B Lang Lit Cwk Notes]
Catcher [AQA B Lang Lit Cwk Notes]Catcher [AQA B Lang Lit Cwk Notes]
Catcher [AQA B Lang Lit Cwk Notes]
 
Detention
DetentionDetention
Detention
 
Murder 2012 13
Murder 2012 13Murder 2012 13
Murder 2012 13
 
Causation
Causation Causation
Causation
 
Magistrates 2011 12
Magistrates 2011 12Magistrates 2011 12
Magistrates 2011 12
 
As law session three (precedent)
As law session three (precedent)As law session three (precedent)
As law session three (precedent)
 
Supreme Court & Practice Statement (2012)
Supreme Court & Practice Statement (2012)Supreme Court & Practice Statement (2012)
Supreme Court & Practice Statement (2012)
 
Hl & practice statement (2011)
Hl & practice statement (2011)Hl & practice statement (2011)
Hl & practice statement (2011)
 
Y12 mini mock exam
Y12 mini mock examY12 mini mock exam
Y12 mini mock exam
 
As law session two
As law session twoAs law session two
As law session two
 
As law session one
As law session oneAs law session one
As law session one
 
Intrinsic or extrinsic qu 2010
Intrinsic or extrinsic qu 2010Intrinsic or extrinsic qu 2010
Intrinsic or extrinsic qu 2010
 

Similar to Mechanics of Precedent EoU 2014

Appeals 2013
Appeals 2013Appeals 2013
Appeals 2013Miss Hart
 
Courts ppt 2010 11
Courts ppt 2010 11Courts ppt 2010 11
Courts ppt 2010 11Miss Hart
 
Uksc&ca20142
Uksc&ca20142Uksc&ca20142
Uksc&ca20142Miss Hart
 
A BRIEF GUIDE TO LEGAL CASE BRIEFS I. CITATION PROCEDURAL HISTO.docx
A BRIEF GUIDE TO LEGAL CASE BRIEFS I. CITATION PROCEDURAL HISTO.docxA BRIEF GUIDE TO LEGAL CASE BRIEFS I. CITATION PROCEDURAL HISTO.docx
A BRIEF GUIDE TO LEGAL CASE BRIEFS I. CITATION PROCEDURAL HISTO.docxevonnehoggarth79783
 
Denning & ca 2010 11
Denning & ca 2010 11Denning & ca 2010 11
Denning & ca 2010 11Miss Hart
 
Types of precedent
Types of precedentTypes of precedent
Types of precedentMiss Hart
 
Welcome to Legal Research Writing and MootCourt
Welcome to Legal Research Writing and MootCourtWelcome to Legal Research Writing and MootCourt
Welcome to Legal Research Writing and MootCourtNajahJacobs
 
Assessing Your Results
Assessing Your ResultsAssessing Your Results
Assessing Your ResultsPaul Dawson
 
Courts ppt 2011 12
Courts ppt 2011 12Courts ppt 2011 12
Courts ppt 2011 12Miss Hart
 
How To Brief a Case Confusion often arises over the term le.docx
How To Brief a Case Confusion often arises over the term le.docxHow To Brief a Case Confusion often arises over the term le.docx
How To Brief a Case Confusion often arises over the term le.docxwellesleyterresa
 
092209 Gov Criminal Procedure 100m
092209 Gov Criminal Procedure 100m092209 Gov Criminal Procedure 100m
092209 Gov Criminal Procedure 100mguestea1de88
 
As intor [sept 2013]
As intor [sept 2013]As intor [sept 2013]
As intor [sept 2013]Miss Hart
 

Similar to Mechanics of Precedent EoU 2014 (20)

Appeals 2013
Appeals 2013Appeals 2013
Appeals 2013
 
Courts ppt 2010 11
Courts ppt 2010 11Courts ppt 2010 11
Courts ppt 2010 11
 
Uksc&ca20142
Uksc&ca20142Uksc&ca20142
Uksc&ca20142
 
A BRIEF GUIDE TO LEGAL CASE BRIEFS I. CITATION PROCEDURAL HISTO.docx
A BRIEF GUIDE TO LEGAL CASE BRIEFS I. CITATION PROCEDURAL HISTO.docxA BRIEF GUIDE TO LEGAL CASE BRIEFS I. CITATION PROCEDURAL HISTO.docx
A BRIEF GUIDE TO LEGAL CASE BRIEFS I. CITATION PROCEDURAL HISTO.docx
 
Denning & ca 2010 11
Denning & ca 2010 11Denning & ca 2010 11
Denning & ca 2010 11
 
Types of precedent
Types of precedentTypes of precedent
Types of precedent
 
Welcome to Legal Research Writing and MootCourt
Welcome to Legal Research Writing and MootCourtWelcome to Legal Research Writing and MootCourt
Welcome to Legal Research Writing and MootCourt
 
Assessing Your Results
Assessing Your ResultsAssessing Your Results
Assessing Your Results
 
Oral Argument
Oral ArgumentOral Argument
Oral Argument
 
Courts ppt 2011 12
Courts ppt 2011 12Courts ppt 2011 12
Courts ppt 2011 12
 
How To Brief a Case Confusion often arises over the term le.docx
How To Brief a Case Confusion often arises over the term le.docxHow To Brief a Case Confusion often arises over the term le.docx
How To Brief a Case Confusion often arises over the term le.docx
 
Courts system
Courts systemCourts system
Courts system
 
092209 Gov Criminal Procedure 100m
092209 Gov Criminal Procedure 100m092209 Gov Criminal Procedure 100m
092209 Gov Criminal Procedure 100m
 
Starter
StarterStarter
Starter
 
Chapter 4 Condensed
Chapter 4 CondensedChapter 4 Condensed
Chapter 4 Condensed
 
As intor [sept 2013]
As intor [sept 2013]As intor [sept 2013]
As intor [sept 2013]
 
3 The Court System
3 The Court System3 The Court System
3 The Court System
 
Goal 5
Goal 5Goal 5
Goal 5
 
Goal 5 ppt
Goal 5 pptGoal 5 ppt
Goal 5 ppt
 
092209 Gov Criminal Procedure 100m
092209 Gov Criminal Procedure 100m092209 Gov Criminal Procedure 100m
092209 Gov Criminal Procedure 100m
 

More from Miss Hart

IGCSE (San Bushmen Qu3 iGCSE)
IGCSE (San Bushmen Qu3 iGCSE)IGCSE (San Bushmen Qu3 iGCSE)
IGCSE (San Bushmen Qu3 iGCSE)Miss Hart
 
Igcse reading paper
Igcse reading paperIgcse reading paper
Igcse reading paperMiss Hart
 
L4 (qu1 empathetic interview) iGCSE summer 2014
L4 (qu1 empathetic interview) iGCSE summer 2014L4 (qu1 empathetic interview) iGCSE summer 2014
L4 (qu1 empathetic interview) iGCSE summer 2014Miss Hart
 
L3 (qu3 summary)
L3 (qu3 summary)L3 (qu3 summary)
L3 (qu3 summary)Miss Hart
 
L1 (intro to paper & qu2)
L1 (intro to paper & qu2)L1 (intro to paper & qu2)
L1 (intro to paper & qu2)Miss Hart
 
iGCSE Quiz on the Skills for Paper 2
iGCSE Quiz on the Skills for Paper 2iGCSE Quiz on the Skills for Paper 2
iGCSE Quiz on the Skills for Paper 2Miss Hart
 
iGCSE Jan Mock Prep Lesson [Question 2 Extended]
iGCSE Jan Mock Prep Lesson [Question 2 Extended]iGCSE Jan Mock Prep Lesson [Question 2 Extended]
iGCSE Jan Mock Prep Lesson [Question 2 Extended]Miss Hart
 
iGCSE Extended "Create your own Paper"
iGCSE Extended "Create your own Paper"iGCSE Extended "Create your own Paper"
iGCSE Extended "Create your own Paper"Miss Hart
 
Youth Sentencing
Youth SentencingYouth Sentencing
Youth SentencingMiss Hart
 

More from Miss Hart (9)

IGCSE (San Bushmen Qu3 iGCSE)
IGCSE (San Bushmen Qu3 iGCSE)IGCSE (San Bushmen Qu3 iGCSE)
IGCSE (San Bushmen Qu3 iGCSE)
 
Igcse reading paper
Igcse reading paperIgcse reading paper
Igcse reading paper
 
L4 (qu1 empathetic interview) iGCSE summer 2014
L4 (qu1 empathetic interview) iGCSE summer 2014L4 (qu1 empathetic interview) iGCSE summer 2014
L4 (qu1 empathetic interview) iGCSE summer 2014
 
L3 (qu3 summary)
L3 (qu3 summary)L3 (qu3 summary)
L3 (qu3 summary)
 
L1 (intro to paper & qu2)
L1 (intro to paper & qu2)L1 (intro to paper & qu2)
L1 (intro to paper & qu2)
 
iGCSE Quiz on the Skills for Paper 2
iGCSE Quiz on the Skills for Paper 2iGCSE Quiz on the Skills for Paper 2
iGCSE Quiz on the Skills for Paper 2
 
iGCSE Jan Mock Prep Lesson [Question 2 Extended]
iGCSE Jan Mock Prep Lesson [Question 2 Extended]iGCSE Jan Mock Prep Lesson [Question 2 Extended]
iGCSE Jan Mock Prep Lesson [Question 2 Extended]
 
iGCSE Extended "Create your own Paper"
iGCSE Extended "Create your own Paper"iGCSE Extended "Create your own Paper"
iGCSE Extended "Create your own Paper"
 
Youth Sentencing
Youth SentencingYouth Sentencing
Youth Sentencing
 

Recently uploaded

Certification Study Group - Professional ML Engineer Session 3 (Machine Learn...
Certification Study Group - Professional ML Engineer Session 3 (Machine Learn...Certification Study Group - Professional ML Engineer Session 3 (Machine Learn...
Certification Study Group - Professional ML Engineer Session 3 (Machine Learn...gdgsurrey
 
AI Uses and Misuses: Academic and Workplace Applications
AI Uses and Misuses: Academic and Workplace ApplicationsAI Uses and Misuses: Academic and Workplace Applications
AI Uses and Misuses: Academic and Workplace ApplicationsStella Lee
 
PHARMACOGNOSY CHAPTER NO 5 CARMINATIVES AND G.pdf
PHARMACOGNOSY CHAPTER NO 5 CARMINATIVES AND G.pdfPHARMACOGNOSY CHAPTER NO 5 CARMINATIVES AND G.pdf
PHARMACOGNOSY CHAPTER NO 5 CARMINATIVES AND G.pdfSumit Tiwari
 
EDD8524 The Future of Educational Leader
EDD8524 The Future of Educational LeaderEDD8524 The Future of Educational Leader
EDD8524 The Future of Educational LeaderDr. Bruce A. Johnson
 
Alamkara theory by Bhamaha Indian Poetics (1).pptx
Alamkara theory by Bhamaha Indian Poetics (1).pptxAlamkara theory by Bhamaha Indian Poetics (1).pptx
Alamkara theory by Bhamaha Indian Poetics (1).pptxDhatriParmar
 
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...Nguyen Thanh Tu Collection
 
2024 March 11, Telehealth Billing- Current Telehealth CPT Codes & Telehealth ...
2024 March 11, Telehealth Billing- Current Telehealth CPT Codes & Telehealth ...2024 March 11, Telehealth Billing- Current Telehealth CPT Codes & Telehealth ...
2024 March 11, Telehealth Billing- Current Telehealth CPT Codes & Telehealth ...Marlene Maheu
 
Quantitative research methodology and survey design
Quantitative research methodology and survey designQuantitative research methodology and survey design
Quantitative research methodology and survey designBalelaBoru
 
Awards Presentation 2024 - March 12 2024
Awards Presentation 2024 - March 12 2024Awards Presentation 2024 - March 12 2024
Awards Presentation 2024 - March 12 2024bsellato
 
BBA 205 BUSINESS ENVIRONMENT UNIT I.pptx
BBA 205 BUSINESS ENVIRONMENT UNIT I.pptxBBA 205 BUSINESS ENVIRONMENT UNIT I.pptx
BBA 205 BUSINESS ENVIRONMENT UNIT I.pptxProf. Kanchan Kumari
 
UNIT I Design Thinking and Explore.pptx
UNIT I  Design Thinking and Explore.pptxUNIT I  Design Thinking and Explore.pptx
UNIT I Design Thinking and Explore.pptxGOWSIKRAJA PALANISAMY
 
THYROID HORMONE.pptx by Subham Panja,Asst. Professor, Department of B.Sc MLT,...
THYROID HORMONE.pptx by Subham Panja,Asst. Professor, Department of B.Sc MLT,...THYROID HORMONE.pptx by Subham Panja,Asst. Professor, Department of B.Sc MLT,...
THYROID HORMONE.pptx by Subham Panja,Asst. Professor, Department of B.Sc MLT,...Subham Panja
 
Dhavni Theory by Anandvardhana Indian Poetics
Dhavni Theory by Anandvardhana Indian PoeticsDhavni Theory by Anandvardhana Indian Poetics
Dhavni Theory by Anandvardhana Indian PoeticsDhatriParmar
 
3.12.24 The Social Construction of Gender.pptx
3.12.24 The Social Construction of Gender.pptx3.12.24 The Social Construction of Gender.pptx
3.12.24 The Social Construction of Gender.pptxmary850239
 
The basics of sentences session 8pptx.pptx
The basics of sentences session 8pptx.pptxThe basics of sentences session 8pptx.pptx
The basics of sentences session 8pptx.pptxheathfieldcps1
 
POST ENCEPHALITIS case study Jitendra bhargav
POST ENCEPHALITIS case study  Jitendra bhargavPOST ENCEPHALITIS case study  Jitendra bhargav
POST ENCEPHALITIS case study Jitendra bhargavJitendra Bhargav
 
DLL Catch Up Friday March 22.docx CATCH UP FRIDAYS
DLL Catch Up Friday March 22.docx CATCH UP FRIDAYSDLL Catch Up Friday March 22.docx CATCH UP FRIDAYS
DLL Catch Up Friday March 22.docx CATCH UP FRIDAYSTeacherNicaPrintable
 
VIT336 – Recommender System - Unit 3.pdf
VIT336 – Recommender System - Unit 3.pdfVIT336 – Recommender System - Unit 3.pdf
VIT336 – Recommender System - Unit 3.pdfArthyR3
 
Plant Tissue culture., Plasticity, Totipotency, pptx
Plant Tissue culture., Plasticity, Totipotency, pptxPlant Tissue culture., Plasticity, Totipotency, pptx
Plant Tissue culture., Plasticity, Totipotency, pptxHimansu10
 

Recently uploaded (20)

Certification Study Group - Professional ML Engineer Session 3 (Machine Learn...
Certification Study Group - Professional ML Engineer Session 3 (Machine Learn...Certification Study Group - Professional ML Engineer Session 3 (Machine Learn...
Certification Study Group - Professional ML Engineer Session 3 (Machine Learn...
 
AI Uses and Misuses: Academic and Workplace Applications
AI Uses and Misuses: Academic and Workplace ApplicationsAI Uses and Misuses: Academic and Workplace Applications
AI Uses and Misuses: Academic and Workplace Applications
 
PHARMACOGNOSY CHAPTER NO 5 CARMINATIVES AND G.pdf
PHARMACOGNOSY CHAPTER NO 5 CARMINATIVES AND G.pdfPHARMACOGNOSY CHAPTER NO 5 CARMINATIVES AND G.pdf
PHARMACOGNOSY CHAPTER NO 5 CARMINATIVES AND G.pdf
 
EDD8524 The Future of Educational Leader
EDD8524 The Future of Educational LeaderEDD8524 The Future of Educational Leader
EDD8524 The Future of Educational Leader
 
Alamkara theory by Bhamaha Indian Poetics (1).pptx
Alamkara theory by Bhamaha Indian Poetics (1).pptxAlamkara theory by Bhamaha Indian Poetics (1).pptx
Alamkara theory by Bhamaha Indian Poetics (1).pptx
 
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
BÀI TẬP BỔ TRỢ TIẾNG ANH 11 THEO ĐƠN VỊ BÀI HỌC - CẢ NĂM - CÓ FILE NGHE (GLOB...
 
2024 March 11, Telehealth Billing- Current Telehealth CPT Codes & Telehealth ...
2024 March 11, Telehealth Billing- Current Telehealth CPT Codes & Telehealth ...2024 March 11, Telehealth Billing- Current Telehealth CPT Codes & Telehealth ...
2024 March 11, Telehealth Billing- Current Telehealth CPT Codes & Telehealth ...
 
Quantitative research methodology and survey design
Quantitative research methodology and survey designQuantitative research methodology and survey design
Quantitative research methodology and survey design
 
Awards Presentation 2024 - March 12 2024
Awards Presentation 2024 - March 12 2024Awards Presentation 2024 - March 12 2024
Awards Presentation 2024 - March 12 2024
 
BBA 205 BUSINESS ENVIRONMENT UNIT I.pptx
BBA 205 BUSINESS ENVIRONMENT UNIT I.pptxBBA 205 BUSINESS ENVIRONMENT UNIT I.pptx
BBA 205 BUSINESS ENVIRONMENT UNIT I.pptx
 
UNIT I Design Thinking and Explore.pptx
UNIT I  Design Thinking and Explore.pptxUNIT I  Design Thinking and Explore.pptx
UNIT I Design Thinking and Explore.pptx
 
THYROID HORMONE.pptx by Subham Panja,Asst. Professor, Department of B.Sc MLT,...
THYROID HORMONE.pptx by Subham Panja,Asst. Professor, Department of B.Sc MLT,...THYROID HORMONE.pptx by Subham Panja,Asst. Professor, Department of B.Sc MLT,...
THYROID HORMONE.pptx by Subham Panja,Asst. Professor, Department of B.Sc MLT,...
 
Dhavni Theory by Anandvardhana Indian Poetics
Dhavni Theory by Anandvardhana Indian PoeticsDhavni Theory by Anandvardhana Indian Poetics
Dhavni Theory by Anandvardhana Indian Poetics
 
3.12.24 The Social Construction of Gender.pptx
3.12.24 The Social Construction of Gender.pptx3.12.24 The Social Construction of Gender.pptx
3.12.24 The Social Construction of Gender.pptx
 
Problems on Mean,Mode,Median Standard Deviation
Problems on Mean,Mode,Median Standard DeviationProblems on Mean,Mode,Median Standard Deviation
Problems on Mean,Mode,Median Standard Deviation
 
The basics of sentences session 8pptx.pptx
The basics of sentences session 8pptx.pptxThe basics of sentences session 8pptx.pptx
The basics of sentences session 8pptx.pptx
 
POST ENCEPHALITIS case study Jitendra bhargav
POST ENCEPHALITIS case study  Jitendra bhargavPOST ENCEPHALITIS case study  Jitendra bhargav
POST ENCEPHALITIS case study Jitendra bhargav
 
DLL Catch Up Friday March 22.docx CATCH UP FRIDAYS
DLL Catch Up Friday March 22.docx CATCH UP FRIDAYSDLL Catch Up Friday March 22.docx CATCH UP FRIDAYS
DLL Catch Up Friday March 22.docx CATCH UP FRIDAYS
 
VIT336 – Recommender System - Unit 3.pdf
VIT336 – Recommender System - Unit 3.pdfVIT336 – Recommender System - Unit 3.pdf
VIT336 – Recommender System - Unit 3.pdf
 
Plant Tissue culture., Plasticity, Totipotency, pptx
Plant Tissue culture., Plasticity, Totipotency, pptxPlant Tissue culture., Plasticity, Totipotency, pptx
Plant Tissue culture., Plasticity, Totipotency, pptx
 

Mechanics of Precedent EoU 2014

  • 1. Starter: What’s the Word? Re erx ting Follow Overrule Reverse Distinguish All of you should be able to work out the terms... Most of you should be able to explain what links the four terms... Some of you should be able to illustrate at least one of the terms..
  • 2. Overrule Two different cases: later overrules the earlier Example: R v Shivpuri overruling Anderton v Ryan Example: R v R overruling R v J How does this come about? 1. Higher Court overruling the lower court decision in a previous case: or 2. Higher Court overruling their own previous decision. This can be done by the Supreme Court using the Practice Statement E.g. R v G&R overruling R v Caldwell ... or the Court of Appeal using the Young exceptions. Problems…
  • 3. Reversing Same case, further up the hierarchy R v Woollin CA = uphold conviction for murder HL = reverse (manslaughter) Fitzpatrick v Sterling Housing Ass. CA = family doesn’t include gay partners HL = reverse family can include gay partners R v Kingston CC = D was liable (no defence) CA = reverse D was not guilty (defence) HL = reverse (no defence) Examples: Crown or County Court Court of Appeal Supreme Court Magistrates Court High Court Supreme Court
  • 4. Distinguish A court decides that the precedent does not need to be followed This relies on the judge deciding that the are not . It can be used by court. R v Wilson R v Brown Merritt v Merritt Balfour v Balfour R v Shepherd R v Sharp
  • 5. CASE: Joey was asleep in bed when he was woken up by Lois, his ex-girlfriend. They got into an argument and Joey pushed Lois down on the bed, sat on top of her and cut off her ponytail. She wasn’t bruised, scratched or cut. Joey is charged with actual bodily harm under s.47 Offences Against the Person Act 1861 The Magistrates ruled that as it was dead tissue, it was not part of the body and so acquitted him. The prosecution appealed to the divisional court, where you are sitting. YOU be the judge You are going to look the precedents and make a legal ruling… What does the statute say? It doesn’t help! It only uses the words ‘actual bodily harm’ What about binding cases? T v DPP in the High Court says that ABH doesn’t have to cause pain. D tripped and became unconscious whilst running away Chan Fook in the Court of Appeal said that bodily includes all parts of the body, including the brain. D shouted through the door, and V threw themselves out of the window, claiming that they were psychiatrically hurt. Brown in the House of Lords (SC) says that ABH just means ‘more than transient and trifling’.
  • 6. Applying the law (with a little source of help) While there are complex rules regarding when courts can avoid their own past precedent, one aspect of the doctrine of precedent is quite simple. A court in England or Wales is strictly bound to follow the decisions of a court of equal to or higher than it in the hierarchy of the courts, subject to well defined exceptions. In the important case of R v Holley (2005), the Privy Council, hearing an appeal from the court of appeal in Jersey, decided that the House of Lords was wrong in R v Smith ( Morgan James) (2000). Smith has been unpopular with both judges and academics. However, as we know, Holley is at best persuasive precedent. In fact, the Privy Council had already decided in previous cases, that where a case before it was in effect bound be English law, then it should follow it. On this basis the result of Holley should have been clear; the Privy Council should have followed Smith. In a more recent case, R V James and Karimi (2006), the Court of Appeal (Criminal Division) had to consider whether to apply Smith or whether it had, in fact, been overruled by the Privy Council in Holley. The Court of Appeal chose the latter view and held that, in exceptional circumstances, a decision of the Privy Council can take precedence over a decision of the House of Lords. What the Court of Appeal did in James and Karimi was, in effect, to overrule the precedent of a higher court. Adapted from, A Level Law Review Vol 2, No1, Chris Turner, Philip Allan updates Key points... Source is there to be used! Law you will have to apply will be in source Always remember: Critical point – Reason – Example or Explanation - AORP
  • 7. How confident are you feeling with the application skills? Put your initials on the line on the way out... I have no clue and do not understand how to apply the law in these short questions. I understand how to apply the law and what is demanded of me for these questions.
  • 8. Consolidation You are going to work together to produce a revision aid to the mechanics of precedent. You need to include in your revision section: Case profile of one key case on the area  Clues to at least three other relevant cases and their importance  A symbol or diagram relating to your area  Clear definition of at least three terms which are relevant to your area One joke or pun One application problem – look at the back of your handout for help. All of you must contribute to the revision aid. Some of you will be able to include at least two critical points related to your area. Group One: Ratio and Obiter Group Two: Persuasive Precedent Group Three: Original Precedent & General rules of Precedent Group Four: Overruling & Reversing Group Five: Material facts and distinguishing.
  • 9. Stop and Check: Can you match the information correctly?
  • 10. Intro: LTS? Main Subheading Means Examples or origins Further explanation or information LTS? Conc: Describe original precedent and distinguishing precedent using the Source and other cases to illustrate your answer
  • 11. Discuss the most appropriate method for avoiding precedent in each of the following: Decision Why/because Example/ Evidence AORP i. The judge in a case believes a potentially binding precedent has been made in error because it ignored an Act of Parliament. ii. The case is being heard on Appeal. The appellate court judges believe the first instance judge decided the case incorrectly iii. The case is being heard on appeal. The appellate court judges believe that their own previous decision is wrong and want to change their minds. Decision Why/because Example/ Evidence AORP Decision Why/because Example/ Evidence AORP
  • 12. Intro: LTS? Main Subheading Means Examples or origins Further explanation or information LTS? Conc: C. Using the source and other cases to illustrate your answer i. describe persuasive precedent
  • 13. C. Using the source and other cases to illustrate your answer ii. discuss the advantages and disadvantages of the doctrine of precedent. Intro: LTS Main Point Because Illustration... and However... Because LTS Conc:
  • 14. Done your homework? Put it into the folder and sign yourself in. If you have not completed it, then I want a reason You have 24 hours to complete the task and place it on my desk
  • 15. What have the following got to do with the topic we have been doing? Look at the following pictures... Link at least one (bonus if you can link all!) to what we have covered this topic. Think outside the box!