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Changing Precedent

Changing Precedent. Monday 27 June 2011. Distinguishing. A precedent does not apply because the facts are different The precedent is either added to or not applied. Disapproving. A judge in a lower court disagrees with a precedent set by a higher court.

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Changing Precedent

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  1. Changing Precedent Monday 27 June 2011

  2. Distinguishing • A precedent does not apply because the facts are different • The precedent is either added to or not applied

  3. Disapproving • A judge in a lower court disagrees with a precedent set by a higher court. • However, the precedent must still be followed.

  4. Overruling • A judge in a higher court replaces the original precedent with a different one. • The original precedent is no longer binding.

  5. Reversing • A higher court disagrees with a legal principle stated by a lower court. • The original precedent no longer applies.

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