Judicial Precedent (OCR A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What is the key characteristic of binding precedent?
What is the key characteristic of binding precedent?
It must be followed by later courts
What part of a judgment creates the binding element of a precedent?
What part of a judgment creates the binding element of a precedent?
The ratio decidendi
How does the hierarchical court structure affect precedent?
How does the hierarchical court structure affect precedent?
Higher courts bind lower courts
What is the nature of persuasive precedent?
What is the nature of persuasive precedent?
It does not have to be followed
Which body provides the most significant source of persuasive precedent?
Which body provides the most significant source of persuasive precedent?
The Judicial Committee of Privy Council
What does the term 'obiter dicta' mean?
What does the term 'obiter dicta' mean?
Things said by the way
When does original precedent arise?
When does original precedent arise?
When a point of law has never been decided
What did Donoghue v Stevenson (1932) establish?
What did Donoghue v Stevenson (1932) establish?
The neighbour principle and negligence law
What does overruling involve?
What does overruling involve?
Later case states earlier decision wrong
How does reversing differ from overruling?
How does reversing differ from overruling?
Reversing occurs within the same case