Who can distinguish precedent?? PLEASE HELP URGENTLY!

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new1234
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Can any court distinguish precedent or it just certain higher courts that are able to do this?
Also the same with disapproving. Can any court disapprove of precedent or is just certain courts?

Thanks!
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jamcal
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As far as I remember, any court can distinguish from a precedent if the material facts aren't the same as the landmark case. A case example is Balfour v Balfour distinguishing from Merritt v Merritt.

Disapproving isn't a thing in judicial precedent (or it isn't as far as OCR is concerned). Overulling and reversing are however. Overulling can only be done by a higher court than the precedent it was set in (i.e if the original precedent was created in Crown Court, only the High and Supreme Courts can overrule. The Magistrates would have to follow the precedent, and then the defendant would appeal to the Crown Court which would then go to the Court of Appeal.

I think that's how it works anyway, I do judicial precedent revision tomorrow so it could still be a little rusty.
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new1234
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(Original post by jamcal)
As far as I remember, any court can distinguish from a precedent if the material facts aren't the same as the landmark case. A case example is Balfour v Balfour distinguishing from Merritt v Merritt.

Disapproving isn't a thing in judicial precedent (or it isn't as far as OCR is concerned). Overulling and reversing are however. Overulling can only be done by a higher court than the precedent it was set in (i.e if the original precedent was created in Crown Court, only the High and Supreme Courts can overrule. The Magistrates would have to follow the precedent, and then the defendant would appeal to the Crown Court which would then go to the Court of Appeal.

I think that's how it works anyway, I do judicial precedent revision tomorrow so it could still be a little rusty.
Thanks! I do AQA so disapproving is apparently a thing in my spec! But thanks anyways!!
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