Judicial decisions as authorities

1. The decisions of the House of Lords upon questions of are normally considered by the House to be upon itself, but because too rigid adherence to may lead to in a particular and unduly restrict the proper of the law the House will depart from a previous when it appears right to do so, although it bears in mind the danger of disturbing retrospectively the basis upon which contracts, property and fiscal arrangements have been and the especial need for certainty as to the law.

2. When a broad has been clearly decided by the, the decision should not be weakened or frittered away by fine distinctions, and an erroneous of the House upon a of law can be set right only by Act of.

3. A decision of the House of Lords occasioned by of the

House being equally divided is as on the House and on all inferior

as if it had been.

4. Decisions of the House of Lords are binding on every court

to it.

5. The decisions of the upon questions of law must be

followed by Divisional Courts and courts of, and, as a general

, are binding on the Court of Appeal until a contrary has been arrived at by the House of Lords.

6. There are, however, three, and only three, exceptions to this rule;

thus (1) the Court of Appeal is and bound to decide which of two

decisions of its own it will follow; (2) it is to refuse to follow a decision of its own which, although not expressly, cannot, in its opinion, stand with a decision of the House of Lords; and (3) the Court of Appeal is not to follow a decision of its own if given.

7. Unlike the House of Lords, the Court of Appeal does not have liberty to its own earlier decisions.

8. A decision is given per incuriam when the

has acted

of a of its own or of a court of which covered the case before it, in which case it must decide which case to

; or when it has acted in ignorance of a House of Lords decision, in which case it must follow that decision; or when the decision is given in ignorance of the terms of aor rule having statutory.

9. In its the Court of Appeal applies the same principles as on the, but that there are exceptions (a) where the

is in prison and in the full wrongly so; (b) where the court thinks that the law was or misapplied; and (c) where the

full court is carrying out its to lay down principles and guidelines in relation to.

10. A Divisional Court is bound by its own previous decisions, regardless of how many are sitting, with limited exceptions in, subject always to the per incuriam. Faced with earlier decisions the court is to decide which to follow.

11. Divisional Court decisions bind of first instance, even of a different division, but not the Employment Appeal.

IX. Fill in the gaps with the appropriate prepositions from the box.

in(5); from(4); by(5); on(2); with(3); of(5); over; off; for(2); to(4); into; at(2).

1. But unlike those peers who support one political party or another,

tradition the Law Lords do not become involved politics, and will generally only concern themselves legislation which relates legal matters.

2. The Judicial Committee of the Privy Council is also the final court of appeal ecclesiastical courts and prize courts; it hears appeals certain professional bodies, who have the power to strike members their registers.

3. Their courts are those in which the proceedings are commenced and which actually hear the first trial, unlike the appellate courts which deal only

cases appeal.

4. The Court Service Agency carries out the administrative and support task the Court of Appeal, High Court, Crown Court and county courts and is a branch the Lord Chancellor’s Department. Its head or Chief Executive is responsible the Lord Chancellor.

5. Appeals in criminal cases are heard the Criminal Division the Court, the Court will be presided by the Lord Chief Justice. The office of Justice of the Peace is one of the oldest the country, and could date back 1195, when Richard I made a royal proclamation that “knights of the peace” should assist the sheriff the keeping of law and order.

6. Anyone who wishes to become a JP may apply to the Lord Chancellor’s Department. They must be supported references, and will be interviewed to determine their suitability.

7. the eyes the public JPs have one great advantage that they are free the habits of thought, speech and bearing which characterize professional lawyers and which most people find a greater or lesser extent repellent.

8. Mental health review tribunals are responsible

reviewing

cases patients who suffer mental illness and who have been compulsorily detained in hospital.

9. A coroner’s duty is to hold an inquiry the manner of death of anyone who appears to have died violent or unnatural means.

10. one time coroners could actually charge people murder or manslaughter, and have them committed the local assize court trial.

11. Decisions of judges sitting first instance trying cases the

High Court are binding all inferior courts.

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