Brooke walker
Badges: 4
Rep:
?
#1
Report Thread starter 3 years ago
#1
What do you consider to be the main difference between a lay magistrate and a District Judge in the Magistrates' Court?

Give two examples of a persuasive precedent.

Give two other examples of courts in a position to depart from their own previous decisions.

In what circumstances may they do so?

Since 1966 the House of Lords has been able to depart from its own previous decisions. When would the Supreme Court (as the House of Lords is known now) be reluctant to do so and why?
1
reply
ConCoombs
Badges: 2
Rep:
?
#2
Report 3 years ago
#2
Lay Magistrates are well, lay, so they're not legally trained. A district judge is. Magistrates sit in a panel of 3 and have a wider range of backgrounds, while only one District Judge will sit. Judges can be "case-hardened" meaning that they are used to it and will show less sympathy. District judges will only be used because of more complex cases as they are more expensive, magistrates are volunteers.

Persuasive precident can include the Obiter Dicta in a ruling, decisions made by other common wealth countries, decisions of the lower courts, decisions of the privy council.

The supreme court can use the practice statement to change a previous decision, the others can't. Higher courts can over-rule lower ones and can change their decision. The judge can make a precedent distinct to the current case by some different variable.

The practice statement is how they can depart from decisions. They are reluctant as they want to keep consistency so the law is fair. Hope this helps.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

If you haven't confirmed your firm and insurance choices yet, why is that?

I don't want to decide until I've received all my offers (110)
35.71%
I am waiting until the deadline in case anything in my life changes (42)
13.64%
I am waiting until the deadline in case something in the world changes (ie. pandemic-related) (19)
6.17%
I am waiting until I can see the unis in person (32)
10.39%
I still have more questions before I made my decision (37)
12.01%
No reason, just haven't entered it yet (36)
11.69%
Something else (let us know in the thread!) (32)
10.39%

Watched Threads

View All