The Doctrine of Precedent Flashcards
What is the doctrine of precedent also known as?
A. Stare decisis
B. Res judicata
C. Habeas corpus
D. Mens rea
A. Stare decisis
Explanation: “Stare decisis” means to stand by what has been decided, forming the foundation of the doctrine of precedent.
What part of a judicial decision is binding on future courts?
A. Ratio decidendi
B. Obiter dicta
C. Summary of facts
D. Case citation
A. Ratio decidendi
Explanation: The ratio decidendi is the court’s legal reasoning and is binding on future courts in similar cases.
What allows the UK Supreme Court to depart from its own previous decisions?
A. Human Rights Act 1998
B. Practice Statement 1966
C. Senior Courts Act 1981
D. Constitutional Reform Act 2005
B. Practice Statement 1966
Explanation: This allows the Supreme Court to depart from earlier decisions “when it appears right to do so,” improving legal flexibility.
Which of the following is a persuasive, but not binding, source of precedent?
A. Ratio decidendi from the Supreme Court
B. Legislation passed by Parliament
C. Obiter dicta from the Court of Appeal
D. A previous decision of the High Court
C. Obiter dicta from the Court of Appeal
Explanation: Obiter dicta are judicial comments not essential to the decision. They are not binding, but may be persuasive.
A High Court judge is deciding a case with similar facts to a Court of Appeal decision. What must they do?
A. Refer the case to the Supreme Court
B. Follow only if they agree
C. Apply the Court of Appeal decision
D. Seek permission to depart from it
C. Apply the Court of Appeal decision
Explanation: The High Court is bound by decisions of the Court of Appeal, unless distinguishing applies.
A judge finds two conflicting Court of Appeal precedents. What rule allows them to choose which to follow?
A. Doctrine of judicial notice
B. Golden rule
C. Mischief rule
D. Young v Bristol Aeroplane
D. Young v Bristol Aeroplane
Explanation: This case laid down exceptions allowing the Court of Appeal to depart from its own precedent, such as conflicting decisions.
A magistrates’ court relies on a Canadian judgment to resolve a novel issue. This is an example of:
A. Binding precedent
B. Overruling
C. Reversing
D. Persuasive authority
D. Persuasive authority
Explanation: Decisions from other jurisdictions, like Canada, are persuasive but not binding in UK law.
A High Court judge disagrees with a previous High Court case but finds factual differences. What may they do?
A. Overrule the case
B. Refer it to the Court of Appeal
C. Apply it regardless
D. Distinguish the case
D. Distinguish the case
Explanation: Distinguishing lets courts avoid precedent if the facts are materially different, without challenging the earlier rule.
The Supreme Court disagrees with a previous House of Lords ruling. What may it do?
A. Remit the case
B. Reverse the decision
C. Overrule the previous decision
D. Apply the golden rule
C. Overrule the previous decision
Explanation: The Supreme Court may overrule past decisions, replacing the old precedent with a new legal rule.
A court declines to apply a precedent due to factual differences. What is this called?
A. Reversing
B. Distinguishing
C. Overruling
D. Departing
B. Distinguishing
Explanation: Distinguishing is used to avoid applying precedent when the facts of the current case are different.
A Court of Appeal decision is made without reference to a binding Supreme Court ruling. What applies?
A. Judicial discretion
B. Per incuriam
C. Declaratory theory
D. Constitutional override
B. Per incuriam
Explanation: A decision made in ignorance of relevant law (especially binding authority) may be treated as per incuriam and is not binding.
Which of the following is NOT typically listed as an advantage of precedent?
A. Ensures quick reversal of incorrect rulings
B. Promotes consistency
C. Encourages fairness
D. Provides legal certainty
A. Ensures quick reversal of incorrect rulings
Explanation: One drawback of precedent is that reversing incorrect rulings can take time, especially if only higher courts can do so.
