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ACCA Applied Skills · Corporate and Business Law (Global) · Business, political and legal systems

A judge in a lower court believes a binding precedent from a higher court is not applicable to the case before her, because the facts in the earlier case differed in a material way. She therefore does not follow it. What is this technique called?

The technique is distinguishing. The judge avoids the binding precedent by showing that the material facts of the earlier case differ from those before her, so its ratio does not apply. Overruling and reversing both involve a higher court, not a lower court sidestepping a precedent.

  1. AOverruling
  2. BDistinguishingCorrect
  3. CReversing

Explanation

Distinguishing means a court avoids a precedent by showing the material facts differ, so the earlier ratio does not apply. Overruling is when a higher court in a later case declares an earlier decision wrong. Reversing occurs when a higher court on appeal in the same case sets aside the lower court's decision.

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