A court in handing down a judgment may consider a previous decision in several ways. A previous decision may be:
- Approved – A higher court may state that another case heard by a lower court was correctly decided.
- A decision may be Applied – A court may apply the reasoning of a previous case in a current case, where the facts are different from those of the previous case.
- A decision may be Followed – A court may be bound by a previous decision where the material facts were substantially the same as in the instant case.
- Or a decision may be Distinguished – A court may not follow a previous and otherwise binding decision because there is a difference in, for example, the material facts. The previous case remains good law.
- In some instances a decision may be Disapproved – A higher court may state that another case heard by a lower court was wrongly decided. The court indicates that the previous case may not be good law – but does not expressly overrule it.
- Alternatively a previous decision may be Doubted – A court while not expressly overruling a previous case may give reasons to show that it may have been wrongly decided.
- Or a decision may be Not followed – A court may choose not to follow the decision of a court of coordinate jurisdiction where the material facts were substantially the same as the instant case.
Finally, a decision in a different case may be Overruled – A court may expressly overrule the ratio decidendi of an inferior court’s decision in another case.
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In addition, if a case is appealed to a higher court, the decision of the lower court may be:
- Affirmed – The same case is held to have been correctly decided by the lower court. It is good law.
- Or a decision may be Reversed – The same case is held to have been wrongly decided by the lower court. It is not good law.
Furthermore, under the doctrine of parliamentary supremacy, a decision in a case may be superseded by legislation.
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Importantly, if a case has been reversed, overruled (or superseded by legislative provisions) it is no longer good law and should not be relied on as authority.
Source: https://tholansonnha.com
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