Case Law Flashcards
What is the key principle of the doctrine of precedent in case law?
A. Statutory interpretation
B. Stare decisis
C. Judicial discretion
D. Equity
B – Stare decisis means “stand by what has been decided,” ensuring consistency by making lower courts follow higher court decisions.
Which part of a judgment is binding on future cases?
A. Summary of facts
B. Ratio decidendi
C. Obiter dicta
D. Dissenting opinions
B – The ratio decidendi (“reason for the decision”) is the binding legal principle applied to the material facts of a case.
What is the role of obiter dicta in a judgment?
A. It is the final decision of the court
B. It is binding precedent
C. It is persuasive but not binding
D. It always overturns precedent
C – Obiter dicta are comments not necessary to the decision but may be influential in later cases.
Which court binds all lower courts but can depart from its own decisions?
A. Supreme Court
B. Court of Appeal
C. High Court
D. Magistrates’ Court
A – The Supreme Court binds all lower courts and, since 1966, can depart from its own previous decisions.
What does it mean if a court ‘distinguishes’ a precedent?
A. The court follows the precedent exactly
B. The court overrules the previous case
C. The court finds a factual difference and does not follow it
D. The court reverses the decision on appeal
C – A court may distinguish a precedent if it finds significant factual differences between the earlier case and the current case.
What happens when a precedent is ‘overruled’?
A. The lower court ignores the ruling
B. A higher court decides the previous precedent was incorrect and replaces it
C. The same court changes its decision
D. The case is dismissed
B – A precedent is overruled when a higher court decides an earlier precedent is incorrect and replaces it.
Which of the following courts is NOT bound by its own decisions?
A. Supreme Court
B. Court of Appeal
C. High Court
D. Magistrates’ Court
D – Magistrates’ Courts are not bound by their own decisions; they follow the precedent set by higher courts.
What is the significance of Young v Bristol Aeroplane Co. Ltd (1944)?
A. Established that the Court of Appeal is always bound by its previous decisions
B. Identified exceptions allowing the Court of Appeal to depart from its own precedent
C. Allowed lower courts to ignore precedents
D. Stated that Supreme Court precedents are non-binding
B – Young v Bristol Aeroplane identified three exceptions where the Court of Appeal can depart from its own precedent.
A High Court judge is deciding a case on contract law. There is an existing Supreme Court decision that sets a clear precedent. What must the judge do?
A. Ignore the Supreme Court ruling
B. Follow the Supreme Court precedent
C. Create a new ruling based on personal judgment
D. Overrule the Supreme Court decision
B – The High Court is bound by Supreme Court decisions and must apply the precedent.
A Court of Appeal judge is hearing a case where there are two conflicting past decisions from the same court. What is the correct approach?
A. The judge must randomly choose one
B. The judge can select the decision they believe is more appropriate
C. The judge must ignore both and create a new precedent
D. The judge must refer the case to the Supreme Court
B – According to Young v Bristol Aeroplane, the Court of Appeal can choose between conflicting past decisions.
A case on medical negligence reaches the Supreme Court. The Court finds that a previous ruling was incorrect and unfairly restrictive. What can it do?
A. Reverse the previous decision
B. Overrule the previous precedent
C. Distinguish the previous case
D. Apply the precedent regardless
B – The Supreme Court has the power to overrule past precedents if it deems them incorrect or unfair.
A contract dispute is before the Court of Appeal. A key case from the High Court exists, but the Court of Appeal believes the ruling was incorrect. What should it do?
A. Overrule the High Court decision
B. Ignore the High Court decision
C. Follow the High Court ruling
D. Overturn the Supreme Court precedent
A – A higher court (Court of Appeal) can overrule a lower court (High Court) decision if it believes it was wrongly decided.
