Chapter 5

Question 1

Case law is what?

Answer 1

The source of law?

Question 2

What is a point of law?

Answer 2

A decision of the meaning of a word or phrase in a statute

Question 3

case law as a source of law operates in accordance with the doctrine of precedent - what does this mean?§

Answer 3

When a judge is deciding the case currently before them, they must follow the reasoning used by a judge in deciding a similar earlier case

• The doctrine provides certainty int eh common law system

Question 4

Explain the hierarchy of the court

Answer 4

The supreme court 
(Hears appeals from court of appeal / upper tribunal if special)
^
The court of appeal civil division
(Hears appeals from upper tribunal)
^
The upper tribunal
(Hears appeals from 1st tear tribunal / 1st instance for complex cases)
^
Th first-tier tribunal
(Court of first instance)

Question 5

What does the supreme court hear

Answer 5

Appeals only on points of law of public interest

Usually 5 judges will hear appeals to the supreme court

Question 6

What does the court of appeal hear?

Answer 6

Appeals from English & Northern Ireland courts only on points of law

The court of appeal is divided into criminal and civil division

Question 7

True or False

The court of justice of the European union (CJEU) is not part of the hierarchy of domestic courts in the UK - it is a court of reference

Answer 7

True

Question 8

Describe what is meant by a binding and persuasive precedent

Answer 8

Binding precedent occurs in a case where they have no choice but to follow it.

Persuasive prescient is when they are absolutely not bound by the precedent case - judge will consider a number of factors into account

Question 9

Precedent can be viewed as operating in 2 ways. What are they?

Answer 9

Vertical precedent - Eg. supreme court creates binding precedent for those below in hierarchy

Horizontal precedent - Eg. The court of appeal is bound by own previous decision unless: 2 conflicting decisions / rules of the court of appeal doesn’t stand / Decision was wrongly decided before. (however Supreme court isn’t)

Question 10

Is the upper tribunal horizontally bound?

Answer 10

No

Question 11

Is the first-tier tribunal horizontally bound?

Answer 11

No

Question 12

True of false

The decision of the courts may be affirmed or reversed

Answer 12

True