- This topic has 3 replies, 2 voices, and was last updated 8 months ago by
MikeLittle.
MikeLittle.- Posts
hundal445- Topics: 2
- Replies: 2
- ☆
Hi Sir,
I am struggling to comprehend the difference between ‘Reversing and Overruling’, I saw you explained overruling in the comments already, but I was wondering what makes it distinct to reversing when both decisions are altered by the higher court because judges think the existing precedent by the lower court is not a right precedent..? I am actually lost between the same case and diff case, please help me out.
Thanks.MikeLittle- Topics: 26
- Replies: 22254
- ☆☆☆☆☆
“I am actually lost between the same case and diff case, please help me out”
Case A in High Court, judge says ‘Yes’. Decision is appealed to Court of Appeal and Appeal Court says ‘No, earlier decision is wrong’. That’s REVERSING
Case C in Court of Appeal, some time after Case B was decided in High Court. Judges in Case C in Court of Appeal are looking at judge’s ruling in Case B and decide that High Court judge in Case B has got it wrong so they don’t follow the High Court judge’s decision.
That’s OVERRULING
OK now?
hundal445- Topics: 2
- Replies: 2
- ☆
Sir, That’s perfect. Thank you very much.
MikeLittle- Topics: 26
- Replies: 22254
- ☆☆☆☆☆
You’re welcome
hundal445
MikeLittle- You must be logged in to reply to this topic.