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Return to English Legal System 3e Student resources
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
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