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This article explores the nuances of legal precedents, focusing on four key concepts: distinguishing, disapproving, overruling, and reversing. It explains how a judge may determine that a precedent does not apply due to differing facts (distinguishing), or express disagreement with a precedent from a higher court (disapproving), while still being bound to follow it. The concepts of overruling and reversing illustrate how higher courts can change or reject previous rulings, providing clarity on the evolving nature of legal principles.
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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. • However, the precedent must still be followed.
Overruling • A judge in a higher court replaces the original precedent with a different one. • The original precedent is no longer binding.
Reversing • A higher court disagrees with a legal principle stated by a lower court. • The original precedent no longer applies.
