Judicial Precedent

What is judicial precedent?

• Where courts can't make up their mind, they choose a recent case to apply

• Where courts are bound to follow legal rules from previous cases with similar facts

• Where the courts use their powers to overrule decisions from lower courts

• Where courts are bound to apply laws made by parliament

Which of these courts CANNOT create binding precedent?

• Supreme Court

• High Court

• Court of Appeal

• Crown Court

Out of the following four courts, which is the highest in the court hierarchy?

• Crown Court

• High Court

• Magistrates Court

• County Court

What year was the practise statement introduced?

• 1906

• 1996

• 1986

• 1966

In which of these cases was the practise statement used?

• Austin v London Borough of Southwark (2010)

• DPP v Smith (1961)

• London Street Tramways v London County Council (1898)

• Herrington v British Railways Board (1972)

Which case allows the Court of Appeal to overrule its own decisions?

• Young v Bristol Aeroplane (1944)

• R v Shivpuri (1986)

• Knuller Ltd v DPP (1973)

• Broome v Cassell & Co (1971)

Why did Lord Denning argue that the Court of Appeal should be able to overrule the House of Lords?

• Justice for the individual is more important than certainty in the law

• Few cases reach the House of Lords on appeal, allows for more flexibility

• Court of Appeal judges are experienced enough to make the correct decisions

• The House of Lords can always change it back if they disagree

Which of these is an advantage of Judicial precedent

• It prevents too many cases going to appeal

• It allows flexibility in law making to ensure justice prevails

• It allows lawyers to advise clients on the most likely outcome of a case

• It is a simple system that is easy to understand

Which division of the High Court hears criminal cases?

• Kings Bench Division

• Family Division

• Chancery Division

• Criminal Division

Which of the exceptions does not apply to civil cases?

• The decision was made per incuriam

• There are conflicting decisions in past CA cases

• A decision of the Supreme Court contradicts a similar CA case

• When a decision is unjust and affects the liberty of D