Deck 5: Using Cases

Question 1

Which ONE of the following is the ratio decidendi of a case?

A) The legal reason for the decision.
B) The particular facts of the case.
C) Comments made in passing that are peripheral to the decision.
D) The decision in the case.

Answer 1

A
Explanation: This is the (potentially) binding part of a judicial decision.

Question 2

Which of the following are necessary for a precedent to be binding? Please select all that apply.

A) The facts must be analogous.
B) The decided case must have been heard in a higher court (or at the same level under certain circumstances).
C) The precedent must be the ratio of the previous decision.
D) Part of the previous decision must be obiter dicta.

Answer 2

A, B, C
Explanation: A binding precedent must be applied in a later case even if it is considered to be wrongly decided. Its facts must be analogous, the decided case must have been heard in a higher court (or at the same level under certain circumstances), and the precedent must be the ratio of the previous decision. There need not, however, have been obiter dicta.

Question 3

Which of the following statements are obiter? Please select all that apply.

A) Something said by a judge in a dissenting judgment.
B) Speculation on the outcome of the case had the facts been different.
C) The legal reasoning behind the decision.
D) An explanation of what the outcome of the case might have been had the facts been different.

Answer 3

A, B, D
Explanation: All except the legal reasoning behind the decision are obiter. Obiter statements are not binding.

Question 4

Was the House of Lords bound by its own previous decisions?

A) Yes, always.
B) Usually, but not always.
C) Never. Because the House of Lords was the highest court, it could decide cases however it wished.

Question 5

Which ONE of the following cases sets out the rules relating to when the Civil Division of the Court of Appeal is bound by its own previous decisions?

A) Practice Statement (Judicial Precedent) [1966] 1 WLR 1234.
B) Morelle v Wakeling [1955] 2 QB 379.
C) Young v Bristol Aeroplane [1944] KB 718.
D) R v. Gould [1968] 2 QB 65.

Question 6

The Court of Appeal (Civil Division) is bound by its own previous decisions, subject to which of the following exceptions? Please select all that apply.

A) If its own previous decisions conflict.
B) If its own previous decision is more than a hundred years old.
C) If its own previous decision was made per incuriam.
D) If its own previous decision was implicitly overruled by the House of Lords.

Question 7

'______' occurs if a higher court overturns the decision of a lower court in a different case.

Question 8

'The Crown Court is bound by its previous decisions.' Is this statement true or false?

Question 9

What effect does the Human Rights Act 1998 have on the doctrine of precedent?

A) None.
B) It requires courts to take into account previous decisions of the European Court of Human Rights.
C) It allows the courts to remit cases to the European Court of Human Rights for their opinion if they are having difficulty in reaching a decision.
D) It allows the House of Lords to overrule decisions of the European Court of Human Rights.

Question 10

'The Criminal Division of the Court of Appeal is bound in the same way as the Civil Division.' Is this statement true or false?

Question 11

If the monarch at the time of a case was a King, then the R in the case citation would be short for ______.

Question 12

In a European case, the ___________ undertakes preparatory enquiries after an application has been received by the court.

Question 13

Which ONE of the following is a 'reserved' judgment?

A) One in which the judge reserves the right to change their mind.
B) One in which the judge has some reservations about the facts of the case.
C) One in which the judge has some reservations about the law relating to the case.
D) One in which the judge takes time to consider the issues and provides a written judgment in due course.

Question 14

'The headnote of a case report is a useful summary of the case which can be used authoritatively.' Is this statement true or false?

Question 15

Which ONE of the following headnote terms means that 'the court in the present case does not wish to overrule or apply a previous decision'?

A) 'Semble'.
B) 'Considered'.
C) 'Distinguished'.
D) 'Reversed'.

Question 16

Where a lawyer is acting without charging a fee, he or she is said to be acting '______'.

Question 17

'The High Court is bound by decisions of the Divisional Court.' Is this statement true or false?

Question 18

'Section 3(1) of the European Communities Act 1972 provides that all UK courts were bound by the European Court of Justice on all matters.' Is this statement true or false?

Question 19

A ______ precedent is one that may be followed by a court, but for which there is no compulsion on the courts to do so.

Question 20

Which ONE of the following sections of the Human Rights Act 1998 provides that courts must act in a way that is compatible with Convention rights?

A) Section 6.
B) Section 2.
C) Section 3.
D) Section 4.