Chapter 3 Self-test questions

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. You are sitting as a judge in the Queen's Bench Division (QBD) deciding a civil case. Counsel for the respondent shows you a decision of another High Court judge of the QBD. Do you have to follow this decision?

Yes, you are bound by the decision in precedent and must follow it literally. correct incorrect

Yes, you are bound by the decision in precedent but if you are able to do so, you can distinguish the case. correct incorrect

No, you are not bound by the decision in precedent because the High Court does not bind itself. correct incorrect

No, precedent does not apply to civil cases. correct incorrect

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. Which of the following is not true?

The Court of Appeal binds the High Court. correct incorrect

The Supreme Court can overturn a decision of the Court of Appeal. correct incorrect

A five-judge Court of Appeal can overrule a three-judge Court. correct incorrect

The Court of Appeal is normally bound by itself. correct incorrect

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. Which of the following are official law reports?

The Law Reports (Appeal Cases) correct incorrect

All England Law Reports correct incorrect

Weekly Law Reports correct incorrect

Family Law Reports correct incorrect

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. The fourteenth case to be heard in the Court of Appeal (Criminal Division) during 2007 would be reported with the following neutral citation:
[2007] ____ Crim 14.

Your response

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. People who compile law reports must be qualified as either a barrister of solicitor.

True correct incorrect

False correct incorrect

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. You are sitting as a judge in the Court of Appeal (Civil Division). Which of the following are you not expressly bound in precedent by?

A decision of the Supreme Court. correct incorrect

A decision of two-judge Court of Appeal. correct incorrect

A decision of a three-judge Court of Appeal. correct incorrect

A decision of the Judicial Committee of the Privy Council. correct incorrect

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. A judge in the Crown Court sets a binding precedent.

True correct incorrect

False correct incorrect

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. Which of the following best defines overruling?

Where an appellate court approves the judgment of a lower court. correct incorrect

Where an appellate court quashes the decision of the lower court. correct incorrect

Where the Court of Appeal declines to follow another decision of the Court of Appeal that it disagrees with. correct incorrect

Where an appellate court decides that a previous decision of a lower court is wrong and should no longer be followed. correct incorrect

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. Which of the following most accurately portrays the Practice Direction on judicial precedent ([1966] 1 WLR 1234)?

The Court of Appeal (Criminal Division) can overrule itself if a miscarriage of justice would be caused if this did not happen. correct incorrect

The Supreme Court is bound by itself. correct incorrect

The Supreme Court will normally be bound by itself but may overrule itself if it is necessary to do so. correct incorrect

The Court of Appeal (Civil Division) is bound by the Court of Appeal (Criminal Division). correct incorrect