What is the doctrine of stare decisis?

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Correct answer:
b) A doctrine of precedent
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The correct answer is B. Stare decisis is a doctrine of precedent. Loosely meaning "let the
decision stand", it refers to the hierarchical structure of the English courts in that the decision
of a higher court will be binding on a lower court in that hierarchy.

Page reference: 61 - 62
Question 2

What is the ratio decidendi of a case?

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Correct answer:
a) The reasons for the decision
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The correct answer is A. The ratio is the "reasons" for the decision. It is a statement of law
made by the court. The ratio forms part of the doctrine of stare decisis. Any other matters
refers to the obiter dicta of the case. Reference to the majority only is a red herring given
that minority judgments may also express a ratio but that will not form the majority view and
thus will not be the overall decision of the court. Further, one case may have
multiple rationes where multiple issues are being heard. Although the decision of the case
may well have a ratio behind it, the decision on the facts is in of itself, not a statement of
law.
Page reference: 62
Question 3

Which of the following is the best description of the operation of precedent on the Supreme
Court (formerly House of Lords)?
You did not answer the question.
Correct answer:
b) The Supreme Court/House of Lords is generally bound by its own previous decisions, but
may depart from its previous decisions where it appears right to do so
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The correct answer is B. The Practice Statement (Judicial Precedent) [1966] 1 WLR

 1234 states that the House of Lords (now Supreme Court) is not strictly bound by its
previous decisions and may depart when it appears "right to do so". This power should be
used sparingly, however. See examples in the main text of its use.
Page reference: 66
Question 4

According to Bristol Aeroplane, the Court of Appeal is generally bound by its own previous
decisions subject to three exceptions. Which one of the following is not an exception to the
rule?
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Correct answer:
d) Where the defendant's liberty is at stake
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The correct answer is D. In Young v Bristol Aeroplane, Lord Greene MR stated that the
Court of Appeal is generally bound by its own decisions unless (i) there are two or more
conflicting Court of Appeal authorities and the present court must choose between them; (ii)
where a previous Court of Appeal decision conflicts with a House of Lords or Supreme
Court decision; or (iii) where the previous decision was made per incuriam. Although the
Court of Appeal in R v Gould and R v Taylor extended the exceptions in criminal cases to
cover situations where the defendant's liberty is at risk, this was not an element of the
original exceptions in Bristol Aeroplane.
Page reference: 67
Question 5

Which of the following is the correct statement as to the binding authority of the High Court
on another High Court case?
You did not answer the question.
Correct answer:
a) The High Court when sitting in its appellate capacity (i.e. a bench of judges) is generally
binding on itself subject to the Bristol Aeroplane exceptions.
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The correct answer is A.
Page reference: 68 - 69
Question 6

Which of the following statements best describes the judicial act of distinguishing a case?
You did not answer the question.
 Correct answer:
c) Distinguishing occurs when a court indicates that the material facts of a previous case and
those of the instant case are different.
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The correct answer is C. Distinguishing is based upon highlighting differences in the
material facts of cases. Such differences allow a court to avoid applying the ratio
decidendi of a previous case and may choose an authority which more closely reflects the
case they are dealing with. Distinguishing does not change either the decision or the rule of
law in the previous case.
Page reference: 70
Question 7

What is 'neutral citation'?

You did not answer the question.
Correct answer:
a) A method of referring to decisions of the High Court, Court of Appeal, Supreme Court
and Privy Council
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The correct answer is A. Neutral citations, introduced in 2001, are used to make the access to
legal judgments of the High Court, Court of Appeal, Supreme Court and Privy Council more
accessible. The magistrates' court and County Court are not courts of record and thus is
unreported. A neutral citation applies, post-2001, whether or not the case is commercial and
whether or not the judgment is unanimous.
Page reference: 59
Question 8

What is the common law?

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Correct answer:
d) Case law made by judges
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The correct answer is D. The common law refers to judge-made law by way of the operation
of judicial precedent. Case law refers to the creation and refinement of law in the course of
judicial decisions. Despite the increased use of legislation, the UK is still a common law
system.
Page reference: 54
Question 9

When citing a case, which law report should be cited principally?

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Correct answer:
d) The Law Reports
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The correct answer is D. The Law Reports produced by the Incorporated Council for Law
Reporting (ICLR) is the most authoritative source of law reporting and should be cited in all
cases. Where a report has not been produced by the ICLR, the hierarchy found on p.56
should be followed.
Page reference: 56 - 58
Question 10

Which of the following is not a form of persuasive authority?

You did not answer the question.
Correct answer:
a) Judgments from the Court of Justice of the European Union
Feedback:
The correct answer is A.
Page reference: 64
What is the doctrine of stare decisis?
a) A doctrine of statutory interpretation
b) A doctrine of precedent
c) A doctrine of legislative powers

d) A doctrine of Parliamentary sovereignty

Question 2

What is the ratio decidendi of a case?

a) The reasons for the decision
b) Other things said
c) The reasons of the majority only

d) The decision in the factual case

Question 3

Which of the following is the best description of the operation of precedent on the Supreme
Court (formerly House of Lords)?
a) The Supreme Court/House of Lords are always bound by its own previous
decisions
b) The Supreme Court/House of Lords is generally bound by its own previous
decisions, but may depart from its previous decisions where it appears right to do so
c) The Supreme Court/House of Lords is never bound by its own previous
decisions

d) None of the options given are correct

Question 4

According to Bristol Aeroplane, the Court of Appeal is generally bound by its own previous
decisions subject to three exceptions. Which one of the following is not an exception to the
rule?
a) Where a previous Court of Appeal decision conflicts with a House of Lords or
Supreme Court decision
b) Where the previous decision was made per incuriam.
c) Where there are two or more conflicting Court of Appeal authorities and the
present court must choose between them

d) Where the defendant's liberty is at stake

Question 5

Which of the following is the correct statement as to the binding authority of the High Court
on another High Court case?
a) The High Court when sitting in its appellate capacity (i.e. a bench of judges) is
generally binding on itself subject to the Bristol Aeroplane exceptions.
b) The High Court when sitting in its appellate capacity (i.e. a bench of judges) is
binding on itself. The High Court is not subject to the same Bristol
Aeroplane exceptions as the Court of Appeal.
c) The High Court when sitting in its first-instance capacity (i.e. a single judge) is
generally binding on itself subject to the Bristol Aeroplane exceptions.
 d) The High Court when sitting in its first-instance capacity (i.e. a single judge) is
binding on itself. The High Court is not subject to the same Bristol
Aeroplane exceptions as the Court of Appeal.
Question 6

Which of the following statements best describes the judicial act of distinguishing a case?
a) Distinguishing occurs when a court changes the law stated in a previous case.
b) Distinguishing occurs when a higher court changes the decision reached by a
lower court
c) Distinguishing occurs when a court indicates that the material facts of a
previous case and those of the instant case are different.

d) Distinguishing occurs when a court indicates that the facts of a previous case
and those of the instant case are the same.
Question 7

What is 'neutral citation'?

a) A method of referring to decisions of the High Court, Court of Appeal,
Supreme Court and Privy Council
b) Citation of judicial decisions in non-commercial publications
c) Citation of judgments of the courts which were unanimous

d) A method of referring to decisions of the magistrates' court and County Court.
Question 8

What is the common law?

a) Law passed by Parliament

b) Delegated legislation
c) Power exercised by royal prerogative

d) Case law made by judges

Question 9

When citing a case, which law report should be cited principally?

 a) Neutral citations
b) Specialist Law Reports
c) Weekly Law Reports

d) The Law Reports

Question 10

Which of the following is not a form of persuasive authority?

a) Judgments from the Court of Justice of the European Union
b) Decisions from other countries
c) Academic commentary

d) Judgments from the European Court of Human Rights