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Chapter 5 Scenario questions
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Richard's appeal against a finding of liability for breach of contract is dismissed by the Court of Appeal. However, he is given permission to appeal by the UK Supreme Court. At the hearing, in the course of argument, the barrister representing Richard suggests to the Justices that a recent UK Supreme Court precedent may need to be overruled. Which of the following precisely describes when the UKSC will overturn its own past precedent?
When it appears right to do so.
correct
incorrect
When it appears that there is a risk of an unfair result on particular claimants.
correct
incorrect
When it appears that Government has expressed dissatisfaction with the state of the law.
correct
incorrect
When it appears that there is conflicting decision of the Judicial Committee of the Privy Council.
correct
incorrect
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Sachin is a barrister and he is currently writing a legal opinion for a dispute concerning commercial insurance. The dispute is in the UK's jurisdiction between two companies incorporated in England. During his research, he locates a helpful case from the Judicial Committee of the Privy Council (JCPC). However, he is unsure how authoritative precedents from this Court are for the opinion he is currently writing. Which of the following best describes the authority of the JCPC decision?
The JCPC is always persuasive precedent but no more than that.
correct
incorrect
The JCPC is always binding precedent as judges in the JCPC also sit on the bench of the UK Supreme Court.
correct
incorrect
The JCPC is always persuasive precedent and may even be binding precedent if the case declared that it was declaring the law as representing that of England and Wales.
correct
incorrect
The JCPC is neither binding nor persuasive precedent.
correct
incorrect
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Anna is bringing a case against her employer for unfair dismissal. The case reaches the Court of Appeal on a point of law. She loses her appeal as the Court of Appeal finds she was not unfairly dismissed. However, she is given permission to appeal to the UK Supreme Court. In the UK Supreme Court she wins the case and the UKSC finds that she was unfairly dismissed. The UK Supreme Court however, approved of the Court's treatment of the point of law but simply decided the case in favour of Anna on other grounds that came to light. What term best describes the UKSC's treatment of the Court of Appeal case?
Reversed
correct
incorrect
Distinguished
correct
incorrect
Overruled
correct
incorrect
Rejected
correct
incorrect
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Carla is a barrister and is in the Court of Appeal (Civil Division) making a submission on a point of law concerning the law on property and restrictive covenants. She needs to argue that a previous Court of Appeal precedent should not be followed. She is unable to distinguish the case adequately and thus must argue that the Court of Appeal, exceptionally, should overrule this past precedent. Which of the following is NOT a ground that she can argue
The previous precedent was made
per incuriam
i.e. in legal error.
correct
incorrect
That following the precious precedent would conflict with a Supreme Court/ House of Lord decision.
correct
incorrect
That there is another Court of Appeal precedent that conflicts with the one she is arguing should be departed from.
correct
incorrect
That following the previous precedent would risk serious unfairness and a potential loss of liberty to her client.
correct
incorrect
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Lady Justice Patel is a Court of Appeal Judge. She is currently writing a judgment on a case she heard earlier in the year concerning the law on occupier's liability in Tort. She is finding in favour of one party by clarifying the legal position between the parties. However, at the end of the judgment she speculates about what the legal position would have been if the parties in the case had acted differently. What term accurately describes this section of the judgment?
Per Incuriam
correct
incorrect
Stare Decisis
correct
incorrect
Ratio Decidendi
correct
incorrect
Obiter dicta
correct
incorrect
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