ACCA-LW章节知识点Chapter 2 Sources of law

1.3.2 Established precedents will not be binding

1.3.2.2 Reversing推翻/改判

• If the decision of a lower court is appealed to a higher one, the higher court may reverse the result if they feel the lower court has wrongly interpreted the law. When a decision is reversed through appeal, the higher court is usually also overruling the lower court's statement of the law.

• 高等法院可以审理上诉案件，并在同一案件中推翻/改判下级法院的判决。改判最常见的原因是上级法院认为下级法院在其判决中犯了错误。之前当时的判决结果无效

1.3.2.3 Distinguishing

• A precedent is avoided by demonstrating that the material facts(大致事实) of two case are not the same

• Material facts of the cases

Same——binding: if there is little difference, the court is inclined to(倾向于) follow the earlier case.

Similar——persuasive: if the differences appear significant the court may distinguish the earlier case on the facts and thereby avoid following it.

1.3.2.4 it may declare the ratio decidendi obsure

Ratio decidendi 判决的理由(the reason for the decision) - binding

有约束力的司法先例.

Obiter dicta 附带意见(statements made by the way) - persuasive

有说服力的司法先例

1.3.2.5 it may declare the previous decision incuriam(冷漠)Without taking account of some essential point of law,such as an important precedent