MCQ Chapter 5

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Explain the doctrine of binding precedent
Cases should be decided alike - if facts are materially the same as a previous case then the binding rule must be used to decide the former case must be used for the present case.
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Which set of printed law reports is considered to be the most authoritative and by whom were the published?
The Law Reports by the Incorporated Council of Law Reporting
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Which 2 levels of decisions are reported in the Chancery Division?
1st Instance and Appeals from them to the Court of Appeal?
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Is the common law creature of declarative?
Creative
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Explain the term Ratio Decidendi
The rule of law upon which a decision is made
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What is crucial to identify in order to determine the ratio of a case?
Identification of legal issues raised by the courts - what has the court been asked to decide?
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Why is it important to consider later cases when determining the ratio of a case ?
To consider unforeseen circumstances
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What is the significance of a dissent judgement?
Can be used/point to an alternative view which may be accepted by a later but higher court
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Explain the term Obiter Dicta
Other statements as to the law under consideration made by judges - these are not binding but are persuasive
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Summarise the doctrine of Stare Decisis
The courts are compelled to follow a ratio decidendi of a superior court or court of equal standing
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Which domestic Court is not bound by the decisions of the Supreme Court?
Itself
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What 5 factors do Cross and Harris discern to be important to the SC when it departs from one of its own decisions?
1. Lords must be convinced that change will improve law 2. Something of significance must have been overlooked 3. Consideration given to any reliance on HOL Precedent 4. If P passed legislation which assumes existence of decision cannot be overruled
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Q12 Continued - factor 5
5. A house should not overrule an earlier decision even if thought to be mistaken where the issue would make no difference to the outcome.
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According to Lord Goddard CJ in R vs Taylor 1950, in what circumstances must the criminal division reconsider an earlier decision?
1 . If the law has been misapplied or misunderstood or 2. An accused has been sentenced and imprisoned based on that decision.
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Which section of the Act deals with the issue of Precedent within the Family Court
S31c(2) of the Matrimonial and Family Proceedings Act 1984
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What is the status of the decisions of the judicial committee of the privy council in English Courts
Decisions are binding but not persuasive
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What is the difference between overruling, reversing and distinguishing?
Overuling: later court decides the law in earlier case and different case is wrong and no longer applies. reversing: higher court reverses a lower court decision in the same case and rejects it. distinguishing: show material differences
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Other cards in this set

Card 2

Front

Which set of printed law reports is considered to be the most authoritative and by whom were the published?

Back

The Law Reports by the Incorporated Council of Law Reporting

Card 3

Front

Which 2 levels of decisions are reported in the Chancery Division?

Back

Preview of the front of card 3

Card 4

Front

Is the common law creature of declarative?

Back

Preview of the front of card 4

Card 5

Front

Explain the term Ratio Decidendi

Back

Preview of the front of card 5
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