Reversing

[Suze]

1. Reversing is the procedure where a higher court or superior court reverses the decision of a lower court when the defendant appeals.

Can someone please tell me when the decision is being reversed, the the defendant is being freed or the punishment lessens or do the judge/s make another ruling altogether?

2. Are there any other instances where a case may be reversed ?:confused:

[Cubicile_blues]

1. Reversing is the procedure where a higher court or superior court reverses the decision of a lower court when the defendant appeals.

Can someone please tell me when the decision is being reversed, the the defendant is being freed or the punishment lessens or do the judge/s make another ruling altogether?

2. Are there any other instances where a case may be reversed ?:confused:

I think you are referring to overruling. Overruling is a procedure which allows a decision made by a judge in a previous case to be disregarded by a court higher up in the hierarchy of courts.

In such a case, the award of the higher court is binding and is followed.

A case can be reversed in the light of new information e.g. if a fraud or perjury has been discovered. Try to google the case relating to famous author Jeffrey Archer relating to perjury and you will have the answer to your question. You can also visit wikipedia's page on Jeffrey Archer for this information.


The legal position of a case may change with the enactment of a new law (statue). Be careful, the new statue will not affect the decisions already made under the old law. Hence, their will no alternation in the sentences awarded under the old law.


Hope it helps!!!!

[Suze]

Hi Cubicle Blues

I have digested your:

"The legal position of a case may change with the enactment of a new law (statue). Be careful, the new statue will not affect the decisions already made under the old law. Hence, their will no alternation in the sentences awarded under the old law"

However what is still confusing me is if the legal position of a case changes.......why the sentences remain the same.

and If the sentences remain the same why bother to change the legal position of the case?

Shouldn't the judge just make a new precedent with the new/amended law ?

Sometimes I wonder if I will pass this paper.

[Cubicile_blues]

Hello Suze,

The cases are decided on the basis of law prevailing at the time of the judgement. It is expected that the judgement given is just and equitable i.e. correct according to the laws prevaling at the time of the judgement. A change in the law will affect the new cases. Huge number of cases will be re-opened if the old cases are allowed to be examined in light of new laws.

Lets try have a look at this situation with the help of an example.

I think you must be familiar with the doctrine of separate personality. Remember Salomon v Salomon Co. Ltd. In the past the courts have ignored the doctrine for group companies (please refer to DHN foods distributors ltd v London Borough of Tower Hamlets (1976)). However, nowadays the courts are extremely reluctant to ignore the doctrine of separate personality (please refer to Adams v Cape Industries PLC (1990)). Imagine that in light of this legal position a case decided about 14 years back is re-opened. Along with this all the cases decided before 1990 are re-opened for examination. The judiciary will be extremely burdened and it will not have time to hear the new cases. Hence, to avoid such a situation, a case is usually not re-opened with the change in the legal position.

With time things change and the law needs to be changed to provide justice in fair manner. The new position will be applied to the new cases. Going back to separate personality example, for a case to be decided today the courts will attach more weight to the Adams case than the DHN food distributor case.

It seems to me that you are doing a through study of F4. If you keep studying like this, I don’t see a reason why you will not pass with flying colours. Hence, keep studying the way you are doing now and I am sure you will clear F4 with very high marks.

Hope it helps!!!

ALL the best!!!

Keep studying and posting your queries!!!

[Suze]

your encouragement is what I need most at this nerve racking time.

Your explanations and examples are indeed appreciated.

Thank you for everything.