Chapter 4

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  1. Question 1 of 10

    1. Judicial precedent' means that in making their decision:

    • Correct. Feedback: Answer (C) is correct. Judicial precedent means that courts are bound by the decision of higher courts, and usually, by previous decisions of their own.

    • Incorrect. Feedback: Answer (C) is correct. Judicial precedent means that courts are bound by the decision of higher courts, and usually, by previous decisions of their own.

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  2. Question 2 of 10

    2. Which of the following is a persuasive authority?

    • Correct. Feedback: Answer (C) is correct. Decisions of the Privy Council have persuasive authority on the UK courts: they are very influential but the courts are not bound to follow them.

    • Incorrect. Feedback: Answer (C) is correct. Decisions of the Privy Council have persuasive authority on the UK courts: they are very influential but the courts are not bound to follow them.

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  3. Question 3 of 10

    3. What does ratio decidendi mean?

    • Correct. Feedback: The correct answer is (A). Ratio decidendi means the reason for the decision it is this part of the judgment which may be binding.

    • Incorrect. Feedback: The correct answer is (A). Ratio decidendi means the reason for the decision it is this part of the judgment which may be binding.

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  4. Question 4 of 10

    4. Which one of the following is not an equitable remedy?

    • Correct. Feedback: The correct answer is (B). Damages or monetary compensation is a common law remedy available as of right. Equitable remedies are discretionary in nature.

    • Incorrect. Feedback: The correct answer is (B). Damages or monetary compensation is a common law remedy available as of right. Equitable remedies are discretionary in nature.

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  5. Question 5 of 10

    5. Reversing occurs when

    • Correct. Feedback: The correct answer is (A). Reversing occurs when a superior court reverses the decision of an inferior court in the same case.

    • Incorrect. Feedback: The correct answer is (A). Reversing occurs when a superior court reverses the decision of an inferior court in the same case.

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  6. Question 6 of 10

    6. What is the effect of the 1966 Practice Direction?

    • Correct. Feedback: Answer (C) is correct. The 1966 Practice Decision established that the House of Lords/Supreme Court may depart from its own decisions if it sees fit.

    • Incorrect. Feedback: Answer (C) is correct. The 1966 Practice Decision established that the House of Lords/Supreme Court may depart from its own decisions if it sees fit.

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  7. Question 7 of 10

    7. The Judicature Acts 1973-5 fused equity and the common law.

    • Correct. Feedback: The correct answer is (False). The Judicature Acts simply brought together the administration of the common law and equity.

    • Incorrect. Feedback: The correct answer is (False). The Judicature Acts simply brought together the administration of the common law and equity.

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  8. Question 8 of 10

    8. Obiter dicta means 'things said by the way'. This could include the following:

    • Correct. Feedback: The correct answer is (True). Obiter are statements made by the judge/judges that are not central to the decision.

    • Incorrect. Feedback: The correct answer is (True). Obiter are statements made by the judge/judges that are not central to the decision.

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  9. Question 9 of 10

    9. Overruling occurs when a superior court departs from a previously established legal ruling.

    • Correct. Feedback: The correct answer is (True). An example of overruling can be see in the House of Lords decision in R v R (Marital Rape Exemption) [1992] where the House of Lords overruled the longstanding marital rape exemption.

    • Incorrect. Feedback: The correct answer is (True). An example of overruling can be see in the House of Lords decision in R v R (Marital Rape Exemption) [1992] where the House of Lords overruled the longstanding marital rape exemption.

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  10. Question 10 of 10

    10. The Human Rights Act 1998 requires all courts in the hierarchy to take account of decisions of the European Court of Human Rights.

    • Correct. Feedback: The correct answer is (True). The Human Rights Act 1998 requires all courts in the hierarchy to take account of decisions of the European Court of Human Rights. Thus any precedent that is in conflict with a decision of the European Court of Human Rights is now invalid.

    • Incorrect. Feedback: The correct answer is (True). The Human Rights Act 1998 requires all courts in the hierarchy to take account of decisions of the European Court of Human Rights. Thus any precedent that is in conflict with a decision of the European Court of Human Rights is now invalid.

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