Chapter 5 Self-test questions

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

Your response

. Obiter dicta have binding precedent authority.

True correct incorrect

False correct incorrect

. A case will always only have one ratio decidendi.

True correct incorrect

False correct incorrect

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

Your response

. 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. correct incorrect

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

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

. All English courts are bound by the decisions of the Court of Justice of the European Union.

True correct incorrect

False correct incorrect

. 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. correct incorrect

The Supreme Court is always bound by its previous decisions. correct incorrect

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

The Supreme Court is not bound by its previous decisions. correct incorrect

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

Court of Appeal. correct incorrect

Divisional court of the High Court exercising appellate jurisdiction. correct incorrect

High Court at first instance. correct incorrect

Crown Court. correct incorrect

. 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. correct incorrect

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. correct incorrect

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

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

. Which of the following courts are bound by precedents of a divisional court of the High Court? Please select all that apply.

Court of Appeal correct incorrect

Divisional court of the High Court exercising supervisory jurisdiction correct incorrect

Crown Court correct incorrect

A county court correct incorrect