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Chapter 4 Multiple choice questions
Return to English Legal System Concentrate 2e Student Resources
Chapter 4 Multiple choice questions
Sources of Law II: Case Law
Quiz Content
*
not completed
What is the doctrine of
stare decisis
?
A doctrine of statutory interpretation
correct
incorrect
A doctrine of precedent
correct
incorrect
A doctrine of legislative powers
correct
incorrect
A doctrine of Parliamentary sovereignty
correct
incorrect
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not completed
What is the
ratio decidendi
of a case?
The reasons for the decision
correct
incorrect
Other things said
correct
incorrect
The reasons of the majority only
correct
incorrect
The decision in the factual case
correct
incorrect
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not completed
Which of the following is the best description of the operation of precedent on the Supreme Court (formerly House of Lords)?
The Supreme Court/House of Lords are always bound by its own previous decisions
correct
incorrect
The Supreme Court/House of Lords is generally bound by its own previous decisions, but may depart from its previous decisions where it appears right to do so
correct
incorrect
The Supreme Court/House of Lords is never bound by its own previous decisions
correct
incorrect
None of the options given are correct
correct
incorrect
*
not completed
According to
Bristol Aeroplane
, the Court of Appeal is generally bound by its own previous decisions subject to three exceptions. Which one of the following is
not
an exception to the rule?
Where a previous Court of Appeal decision conflicts with a House of Lords or Supreme Court decision
correct
incorrect
Where the previous decision was made
per incuriam
.
correct
incorrect
Where there are two or more conflicting Court of Appeal authorities and the present court must choose between them
correct
incorrect
Where the defendant's liberty is at stake
correct
incorrect
*
not completed
Which of the following is the correct statement as to the binding authority of the High Court on another High Court case?
The High Court when sitting as a Divisional Court is generally binding on itself subject to the
Bristol Aeroplane
exceptions.
correct
incorrect
The High Court when sitting as a Divisional Court is binding on itself. The High Court is not subject to the same
Bristol Aeroplane
exceptions as the Court of Appeal.
correct
incorrect
The High Court when sitting in its first-instance capacity is generally binding on itself subject to the
Bristol Aeroplane
exceptions.
correct
incorrect
The High Court when sitting in its first-instance capacity is binding on itself. The High Court is not subject to the same
Bristol Aeroplane
exceptions as the Court of Appeal.
correct
incorrect
*
not completed
Which of the following statements best describes the judicial act of distinguishing a case?
Distinguishing occurs when a court changes the law stated in a previous case.
correct
incorrect
Distinguishing occurs when a higher court changes the decision reached by a lower court
correct
incorrect
Distinguishing occurs when a court indicates that the material facts of a previous case and those of the instant case are different.
correct
incorrect
Distinguishing occurs when a court indicates that the facts of a previous case and those of the instant case are the same.
correct
incorrect
*
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What is 'neutral citation'?
A method of referring to decisions of the High Court, Court of Appeal, Supreme Court and Privy Council
correct
incorrect
Citation of judicial decisions in non-commercial publications
correct
incorrect
Citation of judgments of the courts which were unanimous
correct
incorrect
A method of referring to decisions of the magistrates' court and County Court.
correct
incorrect
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What is the common law?
Law passed by Parliament
correct
incorrect
Delegated legislation
correct
incorrect
Power exercised by royal prerogative
correct
incorrect
Case law made by judges
correct
incorrect
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not completed
When citing a case, which law report should be cited principally?
Neutral citations
correct
incorrect
Specialist Law Reports
correct
incorrect
Weekly Law Reports
correct
incorrect
The Law Reports
correct
incorrect
*
not completed
Which of the following is
not
a form of persuasive authority?
Judgments from the Court of Justice of the European Union
correct
incorrect
Decisions from other countries
correct
incorrect
Academic commentary
correct
incorrect
Judgments from the European Court of Human Rights
correct
incorrect
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