Ten Terms Used in Case Analysis Followed o Following a previous decision in which the material facts were substantially

the same, or similar enough for the later Court to consider the present case to be within the previous case's ratio Not Followed o This is where, generally, a Court choses not to follow a decision of another Court of co-ordinate jurisdiction (breaking judicial comity) o It can also be where a Court does not follow a previous decision without expressly dealing with that previous decision Distinguished o Where the material facts of the present case show a salient difference from those of an earlier case -- this difference can either be positive or negative, that is, it can either involve additional facts in the new case that give the Court reason to depart from the earlier decision, or it can involve certain material facts from the earlier decision being absent in the present case o Distinguishing can be either restrictive or non-restrictive Restrictive distinguishing is where the ratio of the earlier decision still has the same application it always has Non-restrictive distinguishing is where the ratio of the earlier decision is given a narrower application by a latter Court Explained o This is where a Judge explains the ratio or obiter in a previous decision without expressly using that case Overruled o This is where a Court does not follow a decision of a Court of lower-jurisdiction and does not do so explicitly Doubted o This is where a Judge in a later case disapproves of an earlier decision but it is not necessary for the case at hand to overrule or follow etc Approved o This is the opposite of the above Applied o This is where a Judge in a later decision uses the ratio of an earlier case the material facts of which were not the same as the present case o This means that the later Judge is applying a rule of law which he or she is not strictly bound to apply Adopted o This is where a Judge applies or follows a decision of a Court from another jurisdiction -- for example the New Zealand Court of Appeal adopting a principle of law from the House of Lords