Podcast
Questions and Answers
What is the doctrine that establishes the binding nature of judicial decisions on later cases?
What is the doctrine that establishes the binding nature of judicial decisions on later cases?
- Doctrine of Binding Judicial Precedent (correct)
- Theory of Legal Supremacy
- Principle of Judicial Review
- Rule of Preemptive Authority
Which court typically has the authority to overrule decisions made by lower courts?
Which court typically has the authority to overrule decisions made by lower courts?
- Circuit Court
- Supreme Court (correct)
- District Court
- High Court
What must a later court demonstrate to avoid following a decision made by an earlier court at the same level?
What must a later court demonstrate to avoid following a decision made by an earlier court at the same level?
- Judicial overreach
- A good reason not to follow it (correct)
- A higher court's contradictory ruling
- Disagreement with public opinion
Which of the following statements about the Rule of Stare Decisis is correct?
Which of the following statements about the Rule of Stare Decisis is correct?
Which court serves as the lowest tier in the hierarchy of courts in Ireland?
Which court serves as the lowest tier in the hierarchy of courts in Ireland?
Flashcards
Binding Precedent
Binding Precedent
Decisions made by judges in previous cases that serve as binding rules for future cases with similar circumstances.
Doctrine of Stare Decisis
Doctrine of Stare Decisis
The principle that judges must follow decisions made in previous similar cases, ensuring consistency and predictability in the law.
Legal Precedent
Legal Precedent
A legal principle established by a court ruling in a case, which becomes a basis for future legal decisions.
Supreme Court of Ireland
Supreme Court of Ireland
Signup and view all the flashcards
District Court
District Court
Signup and view all the flashcards
Study Notes
Judge-Made Law
- Judge-made law stems from judicial decisions, following the doctrine of binding precedent.
- A court's decision on a set of circumstances binds other courts in similar future cases.
- Higher courts' decisions are binding on lower courts.
- Decisions of courts at the same level are binding on later courts unless there's justifiable reason not to follow them.
Doctrine of Precedent
- Also known as the Rule of Stare Decisis.
- Each case creates a precedent, influencing subsequent similar cases.
- The principles and rules established in precedent cases form the law.
Overruling Precedent
- Precedent can be overturned by legislation.
- Precedent can be overturned by another court of equal or higher jurisdiction.
- Courts in Ireland, from lowest to highest, are: District Court, Circuit Court, High Court, Court of Appeal, Supreme Court.
- The Supreme Court only hears appeals from the High Court.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
