Treatment Types

When one case is referred to within another, it can be dealt with by the judge in a number of different ways. Judicial treatments can be characterised as either positive, neutral or negative.

Positive Treatments: Any instance in which the case has been cited with approval will be entered as a positive treatment. This will include subsequent cases which actively follow the reasoning in the instant case and decisions of appellate courts which approve decisions of inferior courts as correct.

Positive treatments are coloured green within JustisOne.

Neutral Treatments: This means that the case was referred to in a subsequent case but, while it did not form the basis for the subsequent decision, neither was it dismissed as wrong, outdated or irrelevant. It is usual for a number of cases to be cited in building the reasoning behind a case (the point they deal with might not be in contention).

Neutral treatments are coloured yellow within JustisOne.

Negative Treatments: This means that the case was referred to in a subsequent case, but the judge in the subsequent case either overruled it or otherwise declined to follow it, either because they considered it irrelevant or incorrect, or because they considered themselves bound by, or simply preferred, some other authority. Once a case is overruled it is no longer considered an authority for any question of law it decides and so it is vital to know which cases have been overruled to avoid using them in court. 

Negative treatments are coloured red within JustisOne.

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