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Ways To Avoid Precedent
Terms in this set (4)
The superior court may BLANK/change the previous decision of a lower court. This creates a new precedent that is binding on lower courts.
A superior court may decide not to follow the existing precedent set in a lower court and may BLANK/change it. This creates a new precedent that is binding on lower courts
A judge may find that there are different material facts existing between the case currently being decided and the case in which an earlier binding precedent was set.
A judge may refuse to follow an earlier judgement of another judge in the same court. This includes precedents that the court is bound to follow.
THIS SET IS OFTEN IN FOLDERS WITH...
Law: Delegated legislation cases
Chapter 4 - Delegated Legislation
Chapter 1 - The Nature Of Law
OTHER SETS BY THIS CREATOR
Operation of The Doctrine of Precedent
Australian Parliamentary System Terms