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WorksheetsPrecedent Year 11
Total questions: 18
Worksheet time: 9mins
Name
Class
Date
1.
Civil law is
a)
a person making an incorrect statement that damages another person's reputation
b)
a person carelessly causing harm to another person
c)
a person not fulfilling a promise or obligation made under a contract
d)
all of the above
2.
Governments and companies can be a party to a civil case
a)
True
b)
False
3.
The aim of civil law is to
a)
return the victim to the position they were in before the act took place
b)
punish the defendant for the wrong they did
c)
sue the person for negligence
d)
order a specific action to be taken
4.
The standard of proof in civil cases is
a)
beyond all reasonable doubt
b)
on the prosecution
c)
on the balance of probabilities
d)
on the plaintiff
5.
The wronged person bringing the matter to court is called the
a)
accused
b)
defendant
c)
witness
d)
plaintiff
6.
Which terminology below is NOT used in civil law
a)
balance of probabilities
b)
defendant
c)
accused
d)
plaintiff
7.
Stare decisis means
a)
stand by for a decision
b)
stand by future decisions
c)
stand by what has previously been decided
d)
stand by the judgement
8.
That part of a previous decision which forms the binding part of a judgment in future cases is referred to as the:
a)
ratio decedendi
b)
obiter dicta
c)
ratio decisis
d)
stare decisis
9.
The advantage(s) of precedent would be
a)
fairness
b)
predictability
c)
bound by court hierarchy
d)
all of the above
10.
A precedent is:
a)
a law made by parliament
b)
when judges use previous decisions to settle present disputes
c)
when a judge refers to the sanctions of judges in past cases to determine an appropriate sanction in the case before them
d)
where a decision of a court in an original case establishes a legal principle that may be applied to future cases
11.
We need civil law because
a)
it is the only way to protect our rights
b)
it imposes a duty on others not to cause us harm
c)
provides us with a remedy if someone breaks our civil rights
d)
all of the above
12.
Judges can only create new laws if:
a)
no relevant precedents or statutes exist on the matter in question
b)
a case is being heard by an appellate court
c)
a statute is silent on the point in issue
d)
all of the above
13.
A binding precedent:
a)
applies to all courts
b)
can only be set by the High Court hearing cases on appeal
c)
is a decision containing a ratio decidendi
d)
is a legal principle that must be followed by lower courts in the same court hierarchy in similar cases
14.
What is the term that describes 'things said in passing'?
a)
Obiter Dicta
b)
Stare Decisis
c)
Ratio Decidendi
15.
What is a decision made by a judge which states that a legal rule in an earlier case is wrong
a)
Distinguishing
b)
Overruling
c)
Reversing
16.
What type of precedent is a previous decision in a case which does not have to be followed?
a)
Original precedent
b)
Binding Precedent
c)
Persuasive precedent
17.
What is the term used to describe where a higher court in the same case overturns the decision of the lower court
a)
Distinguishing
b)
Overruling
c)
Reversing
18.
What is a method of avoiding a previous decision made in a case because the facts are different?
a)
Distinguishing
b)
Overriding
c)
Reversing
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