WJEC Criminology Unit 4 AC1.1 Judicial System

What is the role of a judge in the context of applying the law?

• To create new laws

• To apply the law and make it consistent across similar cases

• To oversee the operations of the court

• To provide legal advice to the public

Answer explanation

The role of a judge in the context of applying the law is to apply the law and make it consistent across similar cases.

What must lower courts do in relation to decisions made by higher courts?

• They may choose to ignore them

• They must challenge them

• They must abide by them

• They can modify them as needed

Answer explanation

Lower courts must abide by decisions made by higher courts, meaning they are required to follow and implement them.

What can a judge do if there is no precedent?

• The judge must follow the nearest similar precedent

• The judge must abstain from making a decision

• The judge must make a decision and give an original precedent

• The judge must consult the public for opinions

Answer explanation

The judge must make a decision and give an original precedent

What is the significance of a minority judgment in appellate courts?

• It has binding power over future cases

• It is used to overturn majority decisions

• It does not have binding power, but can be persuasive in later cases

• It is disregarded in the legal process

Answer explanation

A minority judgment in appellate courts does not have binding power but can be persuasive in later cases, influencing legal decisions.

What is the principle of precedent in judicial law known as?

• Stare decisis

• Modus operandi

• Corpus juris

• Ratio decidendi

Answer explanation

The principle of precedent in judicial law is known as Stare decisis, which means to stand by things decided. It involves following established legal decisions.

What must a judge do when faced with a decision made by a higher court in a case with similar material facts?

• The judge can ignore the decision

• The judge must follow the decision

• The judge should consult international laws

• The judge must change the law

Answer explanation

The judge must follow the decision made by a higher court in a case with similar material facts to ensure consistency and respect for legal precedent.

What does it mean if a judgment is described as 'binding'?

• It is optional and can be ignored

• It is influenced by public opinion

• It must be followed due to the material facts of the case

• It only applies to lower courts

Answer explanation

A judgment described as 'binding' must be followed due to the material facts of the case.

What is judicial precedent?

• A suggestion made by judges

• Law made by judges in the courts

• A theory taught in law schools

• A type of judicial punishment

Answer explanation

Judicial precedent refers to law made by judges in the courts, setting a standard for future cases to follow.

What is the role of a judge when there is an existing law created by Parliament?

• To create new laws

• To interpret and apply the law to the case they are hearing

• To disregard the existing laws

• To consult international laws

Answer explanation

To interpret and apply the law to the case they are hearing

What is known as statutory interpretation?

• The process of making new laws

• The process of consulting international guidelines

• The process by which judges interpret the laws made by Parliament

• The process of overruling previous laws

Answer explanation

The process by which judges interpret the laws made by Parliament