Quiz on Judicial Decisions and Binding Judicial Precedent

What is the Latin term for the doctrine of binding judicial precedent?

• Stare decisis

• Ratio decidendi

• Obiter dicta

• Per incuriam

What does the term 'ratio decidendi' refer to?

• A binding precedent

• A decision made out of ignorance

• Comments made in passing

• Reason for the decision

In which case was the Neighbour Principle established?

• PP v Datuk Tan Cheng Swee & Anor

• Donoghue v Stevenson

• Hedley Byrne & Co Ltd v. Heller & Partners Ltd

• Harris Solid State v Bruno Gentil

What is the purpose of the doctrine of binding judicial precedent?

• To eliminate the need for legislation

• To create new laws

• To allow judges to make arbitrary decisions

• To ensure law is applied consistently

Which of the following is NOT a characteristic of obiter dicta?

• It is binding

• It may be persuasive

• It includes comments made in passing

• It can provide examples

What does 'per incuriam' mean in legal terms?

• Through lack of care

• A decision made with full knowledge

• A binding precedent

• A case decided by jury

Which court's decisions bind all other courts in Malaysia?

• High Court

• Court of Appeal

• Federal Court

• Privy Council

What must lower courts do when faced with a flawed decision from a higher court?

• Ignore it

• Follow it

• Reinterpret it

• Challenge it

In the case of Dhalip Bhagwan Singh v PP, what was clarified regarding conflicting decisions?

• The decision is irrelevant

• The older decision must be followed

• The newer decision must be followed

• Both decisions can be ignored

What is the effect of the Privy Council's decisions on Malaysian courts?

• Always binding

• Only binding if the case is from Malaysia

• Not relevant

• Persuasive but not binding