ATAR Notes: Forum

VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: lukew on May 31, 2011, 04:49:08 pm

Title: Courts reversing vs overruling?
Post by: lukew on May 31, 2011, 04:49:08 pm

Could anyone shed some light on their definition and difference between these?

Title: Re: Courts reversing vs overruling?
Post by: Tobias Funke on May 31, 2011, 05:01:32 pm

reversing is changing the precedent of a case within the appeal of that case, so in the same case.

overruling is the same thing, except in an different case

Title: Re: Courts reversing vs overruling?
Post by: lukew on May 31, 2011, 06:22:46 pm

So if I put this into a case example:

Reversing:

Tom punched Ben. Ben took the case to court. Judge Kyle rules that it was not battery because it didn't hurt. Ben appeals, now Judge Harry rules that it was battery regardless of the punches strength. Ben is awarded damages.

Overruling:

Jack punched Jill. Jill took the case to court. Judge Wally finds that Judge Harry's precedent was incorrect (Wally being of a higher court), and rules in similar fashion to Judge Kyle, that it was not battery.

[Of course, Judge Kyle and Judge Harry's rulings would not be influenced by each other, bit of a basic example :)]


Do I understand?
 

Title: Re: Courts reversing vs overruling?
Post by: andy456 on May 31, 2011, 06:25:13 pm

Yes, that's my interpretation of those principles.