Chapter 5 Self-test questions

. Law ___________ are essential in enabling lawyers to precisely discover the rules that have emerged from the case law.

. The Incorporated Council of Law Reporting publishes the Weekly Law Reports and the All _________ Law Reports.

. The ______________ theory of the common law is one that deems judges make decisions and state what the law is, was and had always been.

. The traditional distinction between Parliament and the Judiciary is that Parliament applies and interprets the law and the Judiciary make the law.

True

False

. Which of the following forms part of Lord Lowry's guidance in relation to judicial law-making as outlined in C (A Minor) v DPP [1996]? Please select all that apply?

The novelty of the legal principle and the extent to which it produces a more just result as between parties in the case.

The certainty and finality produced by the new legal principle.

The extent to which the new legal principle hits upon contested areas of social policy.

The extent to which the new legal principle applies in other common law jurisdictions such as Canada and Australia.

. The rule of law upon which the decision in a case is based is called the _____ _________.

. A case will always only have one ratio decidendi.

True

False

. The more general the words used in a ratio decidendi, the wider the scope of that ratio. The more restrictive the words used in a ratio decidendi, the narrower the scope of that ratio.

True

False

. A dissenting judgement is only persuasive and is not a ________ precedent. It does not form part of the ratio decidendi but it may be used to develop or revise an existing one.

. Obiter dicta have binding precedent authority.

True

False

. Which of the following describes a feature of obiter dicta.

It forms part of the ratio decidendi.

Once declared by a judge, it will be binding in future cases where the situation contemplated in the obiter arises.

It must always refers to the law that is relevant in a particular case.

It is simply any judicial statement made that does not inform the basis (i.e. ratio decidendi) of the court's decision.

. The case of Hedley Byrne v ________ (1964) is a seminal case in which obiter dicta was later deemed persuasive in developing the law on negligent misstatement.

. The doctrine of precedent rests on the principle of _______ _______ which means to stand by what's decided.

. Where a decision of a lower court in a case is changed on appeal, the decision is said to be ________.

. Identify the statement which most accurately describes the precedent practice in the Supreme Court.

The Supreme Court is bound, but may depart from its previous decisions if they are considered to be wrong.

The Supreme Court is always bound by its previous decisions.

The Supreme Court is normally bound, but may depart from its previous decisions when it appears right to do so.

The Supreme Court is not bound by its previous decisions.

. The Court of Appeal (Civil Division) is bound by its own previous decisions, subject to certain exceptions. Which of the following is NOT an exception?

The Court of Appeal is not bound where it is faced by two conflicting decisions of its own; it must choose which decision to follow.

The Court of Appeal is not bound where one of its previous decisions, though not expressly overruled, cannot stand with a decision of the House of Lords.

The Court of Appeal is not bound where its previous decision was given per incuriam.

The Court of Appeal is not bound where its previous decision is wrong.

. Which of the following courts are bound by their previous precedents? Please select all that apply.

Court of Appeal.

Divisional court of the High Court exercising appellate jurisdiction.

High Court at first instance.

Crown Court.

. Which of the following statements concerning the status of decisions of the Judicial Committee of the Privy Council is accurate? Please select all that apply.

Decisions of the JCPC are to be treated by all Courts of England and Wales as holding great weight and persuasive value.

There may be circumstances where the members of the JCPC can declare that their decision represents the law of England and Wales and is thus binding upon all courts in the hierarchy.

There are no circumstances where the members of the JCPC can declare that their decision represents the law of England and Wales and is thus binding upon all courts in the hierarchy.

The JCPC should generally consider itself bound by decisions of the House of Lords and UK Supreme Court on matters of the law of England and Wales.

. Which of the following statements best describes the process of distinguishing?

Distinguishing occurs when a higher court changes the decision reached by a lower court.

Distinguishing occurs when a court changes the law stated in a previous case.

Distinguishing occurs when a court indicates that the facts of a previous case and those of the instant case are different.

Distinguishing occurs when a court indicates that the material facts of a previous case and those of the instant case are different.

. The Courts are cautious in overruling past precedent because a change in law would have no retrospective effect.

True

False

. When a later court decides that the law as stated in an earlier and different court is wrong and no longer represents the law, they are said to have _________ the previous decision.

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