Using cases Test Bank Chapter 7

Chapter 6

Type: multiple choice question

Title: Chapter 07 - Question 01

01) Which ONE of the following is the ratio decidendi of a case?

a. The legal reason for the decision.

b. The particular facts of the case.

c. Comments made in passing that are peripheral to the decision.

d. The decision in the case.

Type: multiple response question

Title: Chapter 07 - Question 02

02) Which of the following are necessary for a precedent to be binding? Please select all that apply.

a. The facts must be analogous.

b. The decided case must have been heard in a higher court (or at the same level under certain circumstances).

c. The precedent must be the ratio of the previous decision.

d. Part of the previous decision must be obiter dicta.

Type: multiple response question

Title: Chapter 07 - Question 03

03) Which of the following statements are obiter? Please select all that apply.

a. Something said by a judge in a dissenting judgment.

b. Speculation on the outcome of the case had the facts been different.

c. The legal reasoning behind the decision.

d. An explanation of what the outcome of the case might have been had the facts been different.

Type: multiple choice question

Title: Chapter 07 - Question 04

04) Was the House of Lords bound by its own previous decisions?

a. Yes, always.

b. Usually, but not always.

c. Never. Because the House of Lords was the highest court, it could decide cases however it wished.

Type: multiple choice question

Title: Chapter 07 - Question 05

05) Which ONE of the following cases sets out the rules relating to when the Civil Division of the Court of Appeal is bound by its own previous decisions?

a. Practice Statement (Judicial Precedent) [1966] 1 WLR 1234.

b. Morelle v Wakeling [1955] 2 QB 379.

c. Young v Bristol Aeroplane [1944] KB 718.

d. R v. Gould [1968] 2 QB 65.

Type: multiple response question

Title: Chapter 07 - Question 06

06) The Court of Appeal (Civil Division) is bound by its own previous decisions, subject to which of the following exceptions? Please select all that apply.

a. If its own previous decisions conflict.

b. If its own previous decision is more than a hundred years old.

c. If its own previous decision was made per incuriam.

d. If its own previous decision was implicitly overruled by the House of Lords.

Type: fill-in-blank

Title: Chapter 07 - Question 07

07) ‘______’ occurs if a higher court overturns the decision of a lower court in a different case.

Type: multiple choice question

Title: Chapter 07 - Question 09

09) What effect does the Human Rights Act 1998 have on the doctrine of precedent?

a. None.

b. It requires courts to take into account previous decisions of the European Court of Human Rights.

c. It allows the courts to remit cases to the European Court of Human Rights for their opinion if they are having difficulty in reaching a decision.

d. It allows the House of Lords to overrule decisions of the European Court of Human Rights.

Type: true-false

Title: Chapter 07 - Question 10

10) ‘The Criminal Division of the Court of Appeal is bound in the same way as the Civil Division.’ Is this statement true or false?

a. T

b. F

Type: fill-in-blank

Title: Chapter 07 - Question 11

11) If the monarch at the time of a case was a King, then the R in the case citation would be short for ______.

Type: fill-in-blank

Type: multiple choice question

Title: Chapter 07 - Question 13

13) Which ONE of the following is a ‘reserved’ judgment?

a. One in which the judge reserves the right to change their mind.

b. One in which the judge has some reservations about the facts of the case.

c. One in which the judge has some reservations about the law relating to the case.

d. One in which the judge takes time to consider the issues and provides a written judgment in due course.

Type: true-false

Title: Chapter 07 - Question 14

14) ‘The headnote of a case report is a useful summary of the case which can be used authoritatively.’ Is this statement true or false?

a. T

b. F

Type: multiple choice question

Title: Chapter 07 - Question 15

15) Which ONE of the following headnote terms means that ‘the court in the present case does not wish to overrule or apply a previous decision’?

a. ‘Semble’.

b. ‘Considered’.

c. ‘Distinguished’.

d. ‘Reversed’.

Type: fill-in-blank

Title: Chapter 07 - Question 16

16) Where a lawyer is acting without charging a fee, he or she is said to be acting ‘______’.

Type: fill-in-blank

Type: multiple choice question

Title: Chapter 07 - Question 20

20) Which ONE of the following sections of the Human Rights Act 1998 provides that courts must act in a way that is compatible with Convention rights?

a. Section 6.

b. Section 2.

c. Section 3.

d. Section 4.