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WorksheetsJudicial Precedent
Total questions: 12
Worksheet time: 6mins
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
What does 'Stare Decisis' mean?
The legal decision in a judgment that becomes law
The law in a judgment must be applied in all subsequent cases
The law can only change where it is just and necessary to do so
What does 'Ratio Decidendi' mean?
The legal point of the case which becomes law
To stand by what has been decided
The reasons for giving the judgment
