The Rules of Precedent

Question 1

What does the doctrine of stare decisis mean?
A) Each case is decided on a completely new basis
B) Lower courts may ignore higher court decisions
C) Courts must follow previous decisions in cases with similar material facts
D) Judges must always create new law in every case

Answer 1

C) Courts must follow previous decisions in cases with similar material facts

Question 2

Why is stare decisis important?
A) It ensures certainty and consistency in the law
B) It allows judges to ignore previous decisions
C) It prevents cases from being appealed
D) It ensures every court can change its decisions whenever needed

Answer 2

A) It ensures certainty and consistency in the law

Question 3

According to Lord Hailsham in Cassell v Broome (1972), what is the duty of lower courts?
A) To reconsider higher court rulings when necessary
B) To accept and follow decisions of higher courts
C) To make independent decisions regardless of precedent
D) To create new legal principles in every case

Answer 3

B) To accept and follow decisions of higher courts

Question 4

4. Which court is at the top of the hierarchy and binds all lower courts?
   A) Court of Appeal
   B) Supreme Court
   C) High Court
   D) Crown Court

Answer 4

B) Supreme Court

Question 5

Which of the following courts can depart from its own previous decisions?
A) Magistrates’ Court
B) Supreme Court
C) Crown Court
D) County Court

Answer 5

B) Supreme Court

Question 6

Which court follows the Young v Bristol Aeroplane exceptions when deciding whether to follow its own precedent?
A) Supreme Court
B) Court of Appeal
C) Magistrates’ Court
D) Crown Court

Answer 6

B) Court of Appeal

Question 7

Before 1966, how was the Supreme Court (then House of Lords) bound by its own decisions?
A) It could freely depart from past rulings
B) It was completely bound by its own past decisions
C) It could only change its decisions in criminal cases
D) It had the power to overrule any lower court decision

Answer 7

B) It was completely bound by its own past decisions

Question 8

What did the 1966 Practice Statement change?
A) It allowed the Supreme Court to depart from its own past decisions
B) It required all lower courts to follow Supreme Court decisions
C) It eliminated the doctrine of precedent
D) It allowed the Magistrates’ Court to overrule High Court decisions

Answer 8

A) It allowed the Supreme Court to depart from its own past decisions

Question 9

he 1966 Practice Statement applies to:
A) The Court of Appeal
B) The High Court
C) The Supreme Court only
D) All courts in the judicial system

Answer 9

C) The Supreme Court only

Question 10

In which case did the Supreme Court use the 1966 Practice Statement to overrule a previous decision?
A) Young v Bristol Aeroplane
B) R v Taylor
C) Horton v Sadler
D) Cassell v Broome

Answer 10

C) Horton v Sadler

Question 11

What is the general rule for the Court of Appeal?
A) It is bound by its own decisions and by the Supreme Court
B) It can freely overrule past Court of Appeal decisions
C) It does not need to follow Supreme Court rulings
D) It can always ignore precedent in criminal cases

Answer 11

A) It is bound by its own decisions and by the Supreme Court

Question 12

What are the Young v Bristol Aeroplane (1944) exceptions that allow the Court of Appeal to depart from its own decisions?
A) If a decision was made per incuriam
B) If past decisions conflict
C) If a decision conflicts with the Supreme Court
D) All of the above

Answer 12

D) All of the above

Question 13

Which additional flexibility does the Court of Appeal’s Criminal Division have (R v Taylor [1950])?
A) It can ignore Supreme Court rulings
B) It may depart from precedent where an individual’s liberty is at stake
C) It has more power than the Supreme Court in precedent cases
D) It is completely free to make new legal principles

Answer 13

B) It may depart from precedent where an individual’s liberty is at stake

Question 14

Which of the following courts is NOT bound by its own previous decisions?
A) Supreme Court
B) Court of Appeal
C) High Court (Divisional)
D) Crown Court

Answer 14

D) Crown Court

Question 15

Which of the following courts has persuasive authority but is not binding?
A) Privy Council
B) Court of Appeal
C) Supreme Court
D) High Court

Answer 15

A) Privy Council

Question 16

Which court does the First-Tier Tribunal primarily follow?
A) Supreme Court
B) Upper Tribunal
C) Magistrates’ Court
D) Crown Court

Answer 16

B) Upper Tribunal

Question 17

A judge in the Court of Appeal finds two conflicting past decisions from the same court. What should they do?
A) Choose which decision to follow
B) Ignore both decisions and create new law
C) Refer the case to the Supreme Court
D) Follow the more recent decision automatically

Answer 17

A) Choose which decision to follow

Question 18

A Magistrates’ Court is dealing with a case and finds a relevant Supreme Court ruling on the issue. What must the magistrates do?
A) Ignore the ruling if they disagree with it
B) Follow the Supreme Court ruling
C) Make their own decision based on common sense
D) Refer the case to the Court of Appeal

Answer 18

B) Follow the Supreme Court ruling

Question 19

The Supreme Court decides to overturn one of its previous rulings because it is outdated. What allows them to do this?
A) Young v Bristol Aeroplane exceptions
B) 1966 Practice Statement
C) R v Taylor rule
D) Privy Council guidance

Answer 19

B) 1966 Practice Statement

Question 20

A criminal case is being appealed in the Court of Appeal. The judges realise that following precedent may lead to an unjust outcome, impacting the defendant’s liberty. What can they do?
A) Apply the R v Taylor flexibility and depart from precedent
B) Follow precedent regardless of fairness
C) Refer the case to the Supreme Court immediately
D) Seek advice from the Magistrates’ Court

Answer 20

A) Apply the R v Taylor flexibility and depart from precedent