Deck 2: Domestic Sources of Law: Case Law

Question 1

You are sitting as a judge in the Queen's Bench Division (QBD) deciding a civil case. Counsel for the respondent shows you a decision of another High Court judge of the QBD. Do you have to follow this decision?

A) Yes, you are bound by the decision in precedent and must follow it literally.
B) Yes, you are bound by the decision in precedent but if you are able to do so, you can distinguish the case.
C) No, you are not bound by the decision in precedent because the High Court does not bind itself.
D) No, precedent does not apply to civil cases.

Answer 1

C

Question 2

Which of the following is not true?

A) The Court of Appeal binds the High Court.
B) The Supreme Court can overturn a decision of the Court of Appeal.
C) A five-judge Court of Appeal can overrule a three-judge Court.
D) The Court of Appeal is normally bound by itself.

Answer 2

C

Question 3

Which of the following are official law reports?

A) The Law Reports (Appeal Cases)
B) b. All England Law Reports
C) Weekly Law Reports
D) Family Law Reports

Answer 3

A, C

Question 4

The fourteenth case to be heard in the Court of Appeal (Criminal Division) during 2007 would be reported with the following neutral citation:
[2007] ____ Crim 14.

Question 5

People who compile law reports must be qualified as either a barrister of solicitor.

Question 6

You are sitting as a judge in the Court of Appeal (Civil Division). Which of the following are you not expressly bound in precedent by?

A) A decision of the Supreme Court.
B) A decision of two-judge Court of Appeal.
C) A decision of a three-judge Court of Appeal.
D) A decision of the Judicial Committee of the Privy Council.

Question 7

A judge in the Crown Court sets a binding precedent.

Question 8

Which of the following best defines overruling?

A) Where an appellate court approves the judgment of a lower court.
B) Where an appellate court quashes the decision of the lower court.
C) Where the Court of Appeal declines to follow another decision of the Court of Appeal that it disagrees with.
D) Where an appellate court decides that a previous decision of a lower court is wrong and should no longer be followed.

Question 9

Which of the following most accurately portrays the Practice Direction on judicial precedent ([1966] 1 WLR 1234)?

A) The Court of Appeal (Criminal Division) can overrule itself if a miscarriage of justice would be caused if this did not happen.
B) The Supreme Court is bound by itself.
C) The Supreme Court will normally be bound by itself but may overrule itself if it is necessary to do so.
D) The Court of Appeal (Civil Division) is bound by the Court of Appeal (Criminal Division).