Question 1

In a European case, the ___________ undertakes preparatory enquiries after an application has been received by the court.

Accepted Answer

rapporteur
Explanation: The rapporteur puts together a report for the court to decide on the procedure by which the case will be heard (including witnesses to be called and the number of judges that should sit).

Question 2

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

Accepted Answer

Rex
Explanation: In a criminal case, one of the parties involved is the Crown, represented by 'Regina' for a Queen and 'Rex' for a King. These are usually abbreviated to 'R'.

Question 3

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

Accepted Answer

A) True 
 B)False  False

Question 4

Where a lawyer is acting without charging a fee, he or she is said to be acting '______'.

Accepted Answer

pro bono
Explanation: 'Pro bon

Question 5

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?

Accepted Answer

A)  Section 6. 
B)  Section 2. 
C)  Section 3. 
D)  Section 4. 
A)  Section 6. 
B)  Section 2. 
C)  Section 3. 
D)  Section 4.

Question 6

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.

Accepted Answer

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. 
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.

Question 7

'______' occurs if a higher court overturns the decision of a lower court in a different case.

Accepted Answer

Overruling
Explanation: In ins

Question 8

'The High Court is bound by decisions of the Divisional Court.' Is this statement true or false?

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

Which ONE of the following is a 'reserved' judgment?

Accepted Answer

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. 
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.

Question 11

A ______ precedent is one that may be followed by a court, but for which there is no compulsion on the courts to do so.

Accepted Answer

persuasive
Explanation: A pers

Question 12

'Section 3(1) of the European Communities Act 1972 provides that all UK courts were bound by the European Court of Justice on all matters.' Is this statement true or false?

Accepted Answer

A) True 
 B)False

Question 13

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?

Accepted Answer

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. 
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.

Question 14

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

Accepted Answer

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. 
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.

Question 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'?

Accepted Answer

A)  'Semble'. 
B)  'Considered'. 
C)  'Distinguished'. 
D)  'Reversed'. 
A)  'Semble'. 
B)  'Considered'. 
C)  'Distinguished'. 
D)  'Reversed'.

Question 16

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

Accepted Answer

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. 
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.

Question 17

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

Accepted Answer

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. 
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.

Question 18

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

Accepted Answer

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. 
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.

Question 19

'The Crown Court is bound by its previous decisions.' Is this statement true or false?

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

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. 
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.

In a European case, the ___________ undertakes preparatory enquiries after an application has been received by the court.

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

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

Where a lawyer is acting without charging a fee, he or she is said to be acting '______'.

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?

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.

'______' occurs if a higher court overturns the decision of a lower court in a different case.

'The High Court is bound by decisions of the Divisional Court.' Is this statement true or false?

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

Which ONE of the following is a 'reserved' judgment?

A ______ precedent is one that may be followed by a court, but for which there is no compulsion on the courts to do so.

'Section 3(1) of the European Communities Act 1972 provides that all UK courts were bound by the European Court of Justice on all matters.' Is this statement true or false?

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?

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

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'?

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

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

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

'The Crown Court is bound by its previous decisions.' Is this statement true or false?

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

Legislation

Using Legislation

Case Law

Finding Cases

Books, Journals, and Official Publications

Finding Books, Journals, and Official Publications

Writing Skills

Referencing and Avoiding Plagiarism

Essay Writing

Answering Problem Questions

Revision and Examination Skills

Presentation Skills

Mooting Skills

Negotiation Skills

Filters

Exam 5: Using Cases

In a European case, the ___________ undertakes preparatory enquiries after an application has been received by the court.

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

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

Where a lawyer is acting without charging a fee, he or she is said to be acting '______'.

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?

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.

'______' occurs if a higher court overturns the decision of a lower court in a different case.

'The High Court is bound by decisions of the Divisional Court.' Is this statement true or false?

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

Which ONE of the following is a 'reserved' judgment?

A ______ precedent is one that may be followed by a court, but for which there is no compulsion on the courts to do so.

'Section 3(1) of the European Communities Act 1972 provides that all UK courts were bound by the European Court of Justice on all matters.' Is this statement true or false?

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?

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

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'?

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

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

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

'The Crown Court is bound by its previous decisions.' Is this statement true or false?

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

Legislation

Using Legislation

Case Law

Finding Cases

Books, Journals, and Official Publications

Finding Books, Journals, and Official Publications

Writing Skills

Referencing and Avoiding Plagiarism

Essay Writing

Answering Problem Questions

Revision and Examination Skills

Presentation Skills

Mooting Skills

Negotiation Skills

Filters