Case Law as a Source of Law Flashcards
Who is the Court of Appeal bound by the previous decisions of?
The Supreme Court of the UK and the Court of Appeal only
Who is the final court of appeal for civil matters in the UK that do not involve human rights?
The Supreme Court of the UK
Following the UK’s departure form the EU, what is the impact of pre-exit judgements of the CJEU?
They have the same binding, or precedent, status in UK courts as decisions of the Supreme Court of the UK
True or false, the first tier tribunal is bound by its own decision in a previous case?
False
True or false, the upper tribunal is bound by the decision of another upper tribunal in a previous case?
False
True or false, the court of appeal is subject to certain narrow exceptions, bound by its own decision in a previous case?
True
True or false, the Supreme Court is bound by a decision of the House of Lords in a previous case?
False
What is the purpose of the upper tribunal?
To decide a case which involves a point of law on which there is no binding authority
You are advising a client on a matter involving a point of law and come across several Court of Appeal cases which include persuasive obiter dicta in favour of your client’s position, but also one Upper Tribunal case which seems to decide the point against your client. What should you do?
See if you can distinguish the Upper Tribunal case making use of the Court of Appeal dicta
In what instance is the Upper Tribunal NOT bound by the decisions of the Court of Appeal?
Unless Parliament has overruled the precedent by passing legislation which provides for a rule that is contrary to that on which the decision was based
True or false, a first-tier tribunal is free to change its mind?
True
In what instance could a judge deciding a case in the Upper Tribunal which has similar material facts to one decided by the Court of Appeal in 1908, decline to be bound by this decision?
If a statute of 1909 provided for a rule contrary to that on which the decision was based
True or false, the Upper Tribunal, when deciding a case which involves a point of law on which there is no binding authority, should follow the decision of another Upper Tribunal if it can find no good reason to differ?
True
True or false, if there are no conflicting decisions, the Upper Tribunal can choose which one to follow?
False, in the case of conflict, the judge must always follow the later decision
True or false, an Upper Tribunal should follow an obiter dictum of the Supreme Court rather than an obiter dictum of the Court of Appeal?
False, the Upper Tribunal is welcome to consider the obiter dictum of the Supreme Court but it does not have to follow it
True or false, the Supreme Court may hear appeals direct from the Upper Tribunal?
True
True or false, the Supreme Court hears appeals only on points of law of public interest?
True
True or false, there is no right of appeal to the Supreme court?
True
What does ratio decidendi refer to?
The law that is laid down in an earlier decision that is followed in a later case is known as the ratio decidendi of the earlier case
True or false the appellate committee of the privy council is part of the domestic hierarchy of courts in the UK?
False
True or false, the Court of Justice of the EU is not part of the domestic hierarchy of courts in the UK?
True
True or false, a judge is not bound by a precedent set in an earlier case when the judge disagrees on moral grounds with the earlier ruling?
False
What does per incuriam refer to?
When a judge made a decision through lack of due regard to the law or facts
True or false, a judge is not bound by a percent set in an earlier case when the precedent conflicts with subsequently passed legislation?
True
When a court is not bound by another, and the first court regards the decision of the other as persuasive, what factors have been taken into account?
The seniority of the court which made the decision
The standing of the judge who made it
Whether the court took time to consider its decision
What are examples of persuasive precedent?
Obita dicta (other things said) by the judge
Rationes decidendi (reason for the decision) of the lower courts in the UK hierarchy vis-a-vis a court on a higher ranking
The strict legal theory
Rationes decidendi of other courts in common law systems in the commonwealth and decisions of the privy council
Dissenting judgements (cases where more than one judge sits)
Minority judgements
Writings of authors of repute (academic)
Reports of law reform bodies
True or false, the Court of Appeal hears appeals from the FTT?
False
True or false, the Supreme Court of the UK is the final court of appeal in the UK on tax matters?
True
What does stare decisis mean?
The legal principle of determining points in litigation according to precedent
