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English Judicial Precedent Trivia Quiz

Precedent is absoutely central to English law. Explore further ...

A multiple-choice quiz by isca88. Estimated time: 4 mins.

Author
isca88

Time
4 mins

Type
Multiple Choice

Quiz #
210,164

Updated
Dec 03 21

# Qns
10

Difficulty
Average

Avg Score
7 / 10

Plays
636

One at a Time - Single Page - Timed Game

Question 1 of 10

1. What is the latin maxim that is the basis of the doctrine of precedent? Hint

Obiter Dictum

Stare Decisis

Ratio Decidendi

Per Incurium

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Question 2 of 10

2. Which is the highest appeal court in the English judicial system? Hint

Court of Appeal

Supreme Court of the UK

High Court

Crown Court

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Question 3 of 10

3. What was created in 1966 that means that the House of Lords does not have to follow their previous decisions? Hint

The Parliament Act 1949

Freedom of Informaton Act

Statutory Instruments Act

Practice Statement

4. The Court of Appeal must follow the decisions of the courts above itself and its own decisions, except when there are conflicting decisions or when it is overruled by the House of Lords or the decision is Per Incurium.

True

False

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Question 5 of 10

5. What is known as the core judgement in a case and is essential to the decision? Hint

Obiter Dictum

Stare Decisis

Per Incurium

Ratio Decidendi

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Question 6 of 10

6. What does the latin "Obiter Dictum" mean? Hint

Core of judgement

Stand by previous decisions

Thing said by the way

Through carelessness

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Question 7 of 10

7. Distinguishing, reversing and overruling are three ways in which judges can develop the law.

True

False

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Question 8 of 10

8. Which is an advantage of precedent? Hint

There is an opportunity for the law to develop and change

Time saving device

All of these

Consistent

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Question 9 of 10

9. Which are the disadvantages of precedent in a legal system? Hint

Slows pace of change

Can be a thoughtless device

All of these

Cause injustices

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Question 10 of 10

10. Active law-making can be seen in which case involving marital rape? Hint

Shivpuri

C v DPP 1995

R v R (1991)

Herrington

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Quiz Answer Key and Fun Facts

1. What is the latin maxim that is the basis of the doctrine of precedent?

Answer: Stare Decisis

This means to "stand by previous decisions", so you always follow decisions that have been made in previous cases, "Obiter Dictum" means "Things said by the way", so not actually relevant to a decision, "Ratio Decidendi" is the "core judgement/decision" and "Per Incurium" is "through carelessness".

2. Which is the highest appeal court in the English judicial system?

Answer: Supreme Court of the UK

The Supreme Court was established under the Constitutional Reform Act 2005. Before then, the House of Lords was the highest court of appeal in England and Wales.

3. What was created in 1966 that means that the House of Lords does not have to follow their previous decisions?

Answer: Practice Statement

It was created in 1966 as an Act of Parliament for the House of Lords, allowing them to not always follow their decisions. It was first used in the case of Conway v Rimmer (1968) which overruled Duncan v Cammell Laird & Co (1942)

Answer: True

These rules were found in the case of Young v Bristol Aeroplane Co Ltd, those execptions are the only time the Court of Appeal does not have to follow its previous decisions.

5. What is known as the core judgement in a case and is essential to the decision?

Answer: Ratio Decidendi

This is the key "decision of a case" and it is not always easy to find the "Ratio" of a case.

6. What does the latin "Obiter Dictum" mean?

Answer: Thing said by the way

These are statements of principles of law that are not relevant to the decision, the plural of this is "Obiter Dicta".

7. Distinguishing, reversing and overruling are three ways in which judges can develop the law.

Answer: True

Distinguishing is when a judge has two apparently similar cases preseented as precedents: the judge may draw a distinction ("distinguish") between the case(s) and rule that one or both are not sufficiently relevant to constitute an actual precedent. For useful examples, see the cases of Merritt v Merritt (1971) and Balfour v Balfour (1919).

Overruling is using a recent case to show the ruling of a previous case is not relevant in the present day - Shiv Puri overruled Herrington

Reversing is when a judge goes back on a decision that has been made as they have found that it was incorrect.

8. Which is an advantage of precedent?

Answer: All of these

Other advantages are that it prevents injustices, avoids mistakes, it's pratical, it encourages growth, it deals with cases as they arise.

9. Which are the disadvantages of precedent in a legal system?

Answer: All of these

Other disadvantages are that citation of authority should be kept within reasonable boundaries, Stare Decisis limits the development of judge made law, it's difficult to find the Ratio as law is complex, its not so flexible and case law is difficult to understand.

10. Active law-making can be seen in which case involving marital rape?

Answer: R v R (1991)

The House of Lords ruled that there was a crime of marital rape in 1991. It took so long for this to made a crime as judges had to wait until a case arose.

Source: Author isca88

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