Chapter 4 – Quiz - Slapper and Kelly's The English Legal System

C4 – Q1

What does the term ‘obiter’ include? Select all that apply

The legal reasoning behind the decision

Something said in a dissenting judgment

Speculation on the outcome of the case if the facts had been different

An explanation as to what the outcome of the case might have been if the judge was not bound by precedent

Something said which was not meant

C4 – Q2

Which court developed a number of equitable remedies?

The Magistrates Court

The Crown Court

The Supreme Court

The European Court of Human Rights

The Court of Chancery

None

C4 – Q3

What does the term ‘overruling’ mean?

A lower court disagrees with the decision made by a higher court

A higher court overturns the decision of a lower court in the same case

A higher court agrees with the decision of a lower court in the same case

A higher court rejects the reasoning of a lower court in a different case

The Supreme Court overrules the decision made in any other court

None

C4 – Q4

The judgement of a single High Court judge binds which of the following:

All High Court cases

All High Court cases held by individual judges

The Crown Court

Magistrates’ Court

C4 – Q5

Which of the following provide precedents:

Magistrates’ court

Crown Court

County Court

High Court

None

C4 – Q6

Do academic books of authority provide precedent?

Yes

None

C4 – Q7

Does the Judicial Committee of the Privy Council provide precedents?

Not in England

Not at all

Only in the country giving rise to the case

In all commonwealth countries

C4 – Q8

Which of the following is a disadvantage of the doctrine of precedent?

Consistency

Certainty

Flexibility

Fixity

None

C4 – Q9

What is the literal definition for the term ‘stare decisis’?

Like cases should be treated alike

Each case is individual

To make a decision based on its merits

To stand by what has been decided

One must not follow past decisions

None

10.

C4 – Q10

Which doctrine is vital to the common law legal system?

Obiter dicta

Ratio decidendi

Ultra vires

Equitable maxims

Judicial precedent

11.

C4 – Q11

England and Wales are like the majority of European Countries in that it has a common law legal system

True

False

None

12.

C4 – Q12

The original meaning of Common Law was the law that was applied throughout the realm, as opposed to that applicable to a specific locality

True

False

None

13.

C4 – Q12

The role of the judge is to both state the law and to create the law

True

False

None

14.

C4 – Q13

The common law is not static, but subject to constant affirmation, revision and development by modern judges.

True

False

None