The Doctrine of Precedent

Stare decisis means

• stand by for a decision
• stand by future decisions
• stand by what has previously been decided
• stand by the judgement

That part of a previous decision which forms the binding part of a judgment in future cases is referred to as the:

• ratio decedendi
• obiter dicta
• ratio decisis
• stare decisis

The advantage(s) of precedent would be

• fairness
• predictability
• bound by court hierarchy
• all of the above

A precedent is:

• a law made by parliament
• when judges use previous decisions to settle present disputes
• when a judge refers to the sanctions of judges in past cases to determine an appropriate sanction in the case before them
• where a decision of a court in an original case establishes a legal principle that may be applied to future cases

Judges can only create new laws if:

• no relevant precedents or statutes exist on the matter in question
• a case is being heard by an appellate court
• a statute is silent on the point in issue
• all of the above

A binding precedent:

• applies to all courts
• can only be set by the High Court hearing cases on appeal
• is a decision containing a ratio decidendi
• is a legal principle that must be followed by lower courts in the same court hierarchy in similar cases

What is the term that describes 'things said in passing'?

• Obiter Dicta
• Stare Decisis
• Ratio Decidendi

What is a decision made by a judge which states that a legal rule in an earlier case is wrong

• Distinguishing
• Overruling
• Reversing

What type of precedent is a previous decision in a case which does not have to be followed?

• Original precedent
• Binding Precedent
• Persuasive precedent

What is the term used to describe where a higher court in the same case overturns the decision of the lower court

• Distinguishing
• Overruling
• Reversing