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12 Cards in this Set

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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.

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.

What does "approved" mean?

"Approved" is used where a court approves a previous decision of a court of inferior jurisdiction in unrelated proceedings.

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.

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).

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.

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.

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.

What does "considered" mean?

"Considered" is used where a court considered a previous decision but does not actually follow, apply, distinguish it etc.

What does "explained" mean?"

"Explained" is used here a court interprets a previous decision and states what it means.

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.

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.