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12 Cards in this Set
- Front
- Back
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What does "follow" mean? |
"Follow" is the term used when a court is expressing itself as bound by a previous decision of a court of co-ordinate or superior jurisdiction in a case where the material facts were the same of substantially similar. |
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What does "applied" mean? |
"Applied" is used where the court is applying the principle of a previous decision to the case before it, the facts of which are materially different from this of the earlier case. |
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What does "approved" mean? |
"Approved" is used where a court approves a previous decision of a court of inferior jurisdiction in unrelated proceedings. |
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What does "adopted" mean? |
"Adopted" is used where the reasoning of a decision which is not binding authority in New Zealand is used in arriving at a decision in the later case. |
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What does"distinguished" mean? |
"Distinguished" is used where a court decides that it need not follow a previous case even where it would otherwise be bound by it, because there is some salient difference between the previous case and the one before it. (decides not to follow a case it would be bound to follow because there is a significant enough difference in the material facts). |
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What does "not followed" mean? |
"Not followed" is used where a court has declined to follow a decision of a court of co-ordinate jurisdiction in a case where the facts where substantially the same. |
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What does "doubted", "disapproved" or "criticised" mean? |
"Doubted", "disapproved" or "criticised" is used where a court disagrees with a previous decision but either it is not necessary for the purposes of the case before it to overrule the previous decision or, both courts being of co-ordinate jurisdiction, there is no power to overrule the previous decision. |
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What does "overruled" mean? |
"Overruled" is used where a court decides that a previous decision of a court of inferior jurisdiction in unrelated proceedings is wrong. |
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What does "considered" mean? |
"Considered" is used where a court considered a previous decision but does not actually follow, apply, distinguish it etc. |
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What does "explained" mean?" |
"Explained" is used here a court interprets a previous decision and states what it means. |
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When does a judge follow a case? |
When bound to do so because the previous decision was made by a court of superior jurisdiction and the material facts are the same or substantially similar. A judge would also follow the case of a co-ordinate jurisdiction if the material facts are the same or substantially similar but it is not bound to do so. |
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When would a judge apply a case? |
A judge would apply the principle of a previous decision when the facts are materially different from those of the earlier case. |
