Question 1

'Case law' is the term used by common lawyers to describe the collection of legal principles emanating from all of the reported cases on a given topic.

Accepted Answer

Case law refers to the body of legal principles that are derived from judicial decisions in reported cases, serving as a key source of law in common law jurisdictions.

Question 2

What does the latin phrase stare decisis literally translate as?
A) Let the decision stay.
B) Let the decision stand.
C) The ratio is decisive.
D) Stay decided.

Accepted Answer

"Stare decisis" is a Latin term that translates to "let the decision stand," which is a legal principle of determining points in litigation according to precedent.

Question 3

In practice, the principle of stare decisis means that all courts of equal or lower status to the court making the decision will be bound by that decision if the two cases are similar.

Accepted Answer

Stare decisis is a legal principle that obligates courts to follow the precedents established by higher courts in their jurisdiction when the facts of the cases are similar, ensuring consistency and predictability in the law.

Question 4

Case 1: A man is walking his dog in the park. The dog bites a passing toddler, who has done nothing to provoke the dog. The man is held liable in negligence.
Case 2: A woman's cat bites a teenager who was pulling its tail.
Which of the following would the judge in case 2 need to consider in deciding whether case 1 should be applied (select all that apply)?
A) Whether the principle of liability is applicable to dogs only or can include cats.
B) Whether the fact that it was a toddler who was bitten gave rise to liability in case 1 and so excludes cases relating to teenagers.
C) Whether it is significant that the attack on the toddler was unprovoked because the attack on the teenager was provoked.
D) Whether the cat in question was a Siamese or a tabby.

Accepted Answer

The answer of Case 1: A man is walking his...

Question 5

Which of the following statements is illustrated by the reasoning of the Court of Appeal in Household Fire Insurance Co v Grant?
A) Judges may use the same authority to come to different conclusions.
B) Judges using the same authority must come to the same conclusion.
C) The Court of Appeal was not bound by Dunlop v Higgins because it was decided by a lower court.
D) Precedent is fixed so judges cannot decide to interpret it individually.

Accepted Answer

The Court of Appeal in Household Fire Insurance Co v Grant demonstrated that judges may interpret the same authority differently, leading to different conclusions.

Question 6

Which of the following are not persuasive precedents?
A) Decisions of the Judicial Committee of the Privy Council.
B) Decisions of the Scottish and Northern Irish courts.
C) Decisions of courts of lower status.
D) A decision of the Court of Appeal (when considered by the High Court).

Accepted Answer

A decision of the Court of Appeal is binding on the High Court, not merely persuasive.

Question 7

Decisions of the House of Lords/Supreme Court are binding upon all courts including the Supreme Court itself.

Accepted Answer

The Supreme Court (formerly the House of Lords) is not strictly bound by its own previous decisions, allowing it to depart from them in certain circumstances to adapt to changing social conditions or correct past mistakes.

Question 8

Which of the following would not be sufficient reason to date for the Supreme Court to overturn its own previous decision?
A) Public policy suggests that the decision should be overturned.
B) The review would affect the resolution of the actual case.
C) The earlier decision was wrong.
D) The outcome was wrong but the reasoning was correct

Accepted Answer

The outcome was wrong but the reasoning was correct is not a sufficient reason to overturn a previous decision.

Question 9

Retrospective overruling means that the ruling catches the parties to the case, and any other cases coming before the court, even if events occurred before the decision was given. Prospective overruling means that only events occurring after the ruling are caught by it.

Accepted Answer

Retrospective overruling applies the legal principle or rule to both the parties in the case being decided and to other cases involving events that occurred before the ruling was made. Prospective overruling, on the other hand, applies the new principle or rule only to future cases, meaning it affects only events that happen after the ruling.

Question 10

Complete the following (select all that apply): per incuriam…
A) is a rule that allows the Court of Appeal not to follow a previous House of Lords/Supreme Court decision.
B) means that a court failed to consider all the relevant and vital statutes or case authorities and this had a major effect on its decision.
C) cannot be used by the Court of Appeal as a reason not to follow a previous House of Lords/Supreme Court decision.
D) was a rule invented by Lord Denning and died with him.

Accepted Answer

The answer of Complete the following (select all that apply):...

Question 11

The latin maxim cessante ratione legis, cessat ipsa lex means 'with the reason for the rule ceasing, the law itself no longer exists'.

Accepted Answer

This Latin maxim suggests that if the reason or rationale behind a law no longer exists, then the law itself is no longer applicable or ceases to exist. It emphasizes the importance of the underlying purpose or reason for a law in determining its continued relevance and application.

Question 12

When can the Court of Appeal decide not to follow a decision made by the House of Lords/Supreme Court?
A) When the House of Lords'/Supreme Court decision was made per incuriam.
B) When cessante ratione legis, cessat ipsa lex.
C) When the House of Lords'/Supreme Court decision is clearly wrong, and both the reasoning and the decision should be departed from.
D) Never.
E) When the rules set out by the 1966 Practice Statement apply.

Accepted Answer

The Court of Appeal is bound by the decisions of the House of Lords/Supreme Court and cannot choose to disregard them. Only the House of Lords/Supreme Court can depart from its own previous decisions, typically using the 1966 Practice Statement.

Question 13

When is the Court of Appeal not bound by its own previous decisions (select all that apply)?
A) When there are two conflicting Court of Appeal decisions.
B) When the House of Lords/Supreme Court has expressly or impliedly overruled the Court of Appeal's reasoning.
C) When the previous decision has been made per incuriam.
D) When the Court of Appeal has expressly chosen not to follow an earlier House of Lords'/Supreme Court decision.

Accepted Answer

The answer of When is the Court of Appeal not...

Question 14

What was significant about the case of R v Faqir Mohammed?
A) In this case, the JCPC overruled the previous House of Lords decision in Smith.
B) In this case, the Court of Appeal decided to follow the JCPC's decision in Jersey v Holley instead of the House of Lords decision in Smith, overcoming the strict rules of stare decisis.
C) The Court of Appeal decided not to follow its own previous decision in Jersey v Holley.
D) The House of Lords decided that Smith was the correct authority rather than the JCPC's decision in Jersey v Holley.

Accepted Answer

The significance of R v Faqir Mohammed lies in the Court of Appeal's decision to follow the Judicial Committee of the Privy Council's (JCPC) decision in Jersey v Holley over the House of Lords decision in Smith, demonstrating a rare instance where the strict rules of stare decisis (the legal principle of determining points in litigation according to precedent) were not followed. This case highlighted the complex relationship between decisions made by the JCPC and those made by the House of Lords, especially when it comes to their applicability and authority in the UK legal system.

Question 15

The 'leapfrogging' procedure is where criminal cases go on appeal from the High Court directly to the House of Lords.

Accepted Answer

The 'leapfrogging' procedure is where criminal cases go on appeal from the High Court directly to the Supreme Court, not the House of Lords.

Quiz 5: Constructing the Legal Argument

'Case law' is the term used by common lawyers to describe the collection of legal principles emanating from all of the reported cases on a given topic.

What does the latin phrase stare decisis literally translate as?

In practice, the principle of stare decisis means that all courts of equal or lower status to the court making the decision will be bound by that decision if the two cases are similar.

Which of the following statements is illustrated by the reasoning of the Court of Appeal in Household Fire Insurance Co v Grant?

Which of the following are not persuasive precedents?

Decisions of the House of Lords/Supreme Court are binding upon all courts including the Supreme Court itself.

Which of the following would not be sufficient reason to date for the Supreme Court to overturn its own previous decision?

Retrospective overruling means that the ruling catches the parties to the case, and any other cases coming before the court, even if events occurred before the decision was given. Prospective overruling means that only events occurring after the ruling are caught by it.

Complete the following (select all that apply) : per incuriam…

The latin maxim cessante ratione legis, cessat ipsa lex means 'with the reason for the rule ceasing, the law itself no longer exists'.

When can the Court of Appeal decide not to follow a decision made by the House of Lords/Supreme Court?

When is the Court of Appeal not bound by its own previous decisions (select all that apply) ?

What was significant about the case of R v Faqir Mohammed?

The 'leapfrogging' procedure is where criminal cases go on appeal from the High Court directly to the House of Lords.