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March 28, 2024, 08:27:35 pm

Author Topic: overruling, reversing, etc.  (Read 1943 times)  Share 

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lleeea

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overruling, reversing, etc.
« on: November 02, 2019, 09:55:40 pm »
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Hi,

Can someone pls explain and clarify what overruling, reversing, distinguishing, disapproving means (i.e. in terms of doctrine of precedent and all that), as my teacher said we need to know it but i still dont get it. thanks

ohnoes7272

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Re: overruling, reversing, etc.
« Reply #1 on: November 04, 2019, 11:08:18 am »
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So RODD are the four methods judges can use to avoid existing precedent (aka common law). Remember they must only follow law made by higher courts.

Reverse is when a superior court (like the Supreme Court compared to the Magistrates') changes previous precedent set in that lower court on appeal. On appeal means the same case heard in the lower court is now being heard in the higher court, so the precedent made in the case originally has been reversed in favour of a new precedent.

Overrule is similar to reverse, in that the higher court changes previous precedent set in a lower court. However, the case is not heard on appeal. This means the case in which the original precedent was set is not the same as the case in the higher court where the new precedent is being set.

Distinguish is when a lower court doesn't obey a precedent established by a superior court. This is only because they "distinguish" the material facts of their case to not be similar enough to a case in which the precedent was established, so they aren't breaking the rules.

Disapprove isn't really a way to avoid precedent. This is because the court/judge is still bound to follow an existing precedent. What they do is express their disagreement with the precedent (through an obiter dictum statement for example), to hopefully influence law reform to change or remove the precedent they disagree with.

RODD is fairly simple when you understand it, and if you apply the stimulus material in the provided question getting full marks on a RODD question should be pretty easy.