LA1102 Synth Quiz 4

1) ‘Case law’:

• a. is law which originates in the parliament

• b. was never a primary source of major legal rules

• c. is the law developed by judges

• d. is law which society votes for

2) The name of the party who initially brings a civil claim to court is:

• a. the plaintiff

• b. the appellant

• c. the respondent

• d. the accused

3) A ‘headnote’:

• a. is located at the end of a reported court decision

• b. is located at the beginning of an Act

• c. is located at the end of an Act

• d. is located at the beginning of a reported court decision

4) Which of the following statements is INCORRECT?

• a. Precedent refers to cases decided in the past

• b. Stare decisis refers to the doctrine of binding precedent

• c. Inferior courts do not need to follow the decisions of superior courts

• d. Precedent can only be binding in nature

5) Which of the following is NOT an accepted rule of precedent?

• a. The ratio of a case can form binding precedent

• b. The obiter of a case may form binding precedent

• c. Courts are not bound by their own previous decisions

• d. Decisions from courts in a different hierarchy are not binding

6) The ratio decidendi of a case:

• a. may be difficult to determine

• b. is always clearly indicated by the judge

• c. can never form binding precedent

• d. is also called obiter dicta

7) Which of the following statements is INCORRECT?

• a. Each state and territory within Australia has its own court hierarchy

• b. A court may interpret existing law

• c. Law-making is a core function of the court

8) The High Court of Australia makes a decision and the Supreme Court of NSW uses this decision as the basis for its own judgement in a separate case. What is this an example of?

• a. Legislation

• b. Alternate dispute resolution

• c. Precedent

• d. A non-contentious rule

9) What are the four categories of the rationale for the doctrine of stare decisis?

• a. Affordability, equality, efficiency and justice

• b. Certainty, affordability, efficiency and the appearance of justice

• c. Certainty, equality, efficiency and the appearance of effective judicial administration

• d. Certainty, equality, efficiency and the appearance of justice

10) Only the ratio decidendi of a case can be binding but the ratio is not always easy to determine. In relation to this, which of the following statements is NOT a reason why this is so?

• a. The rationes of the case may be stated at a very low level of generality, worded so as to apply only to the facts of that case

• b. There is always disagreement about the law but there may also be a disagreement between the parties as to the facts

• c. There may not be a unanimous decision by the judges

• d. There may or may not be a majority of the court who agree as to the relevant principles of law applicable to the case