1. What is a Binding precedent?
- A precedent that must be followed by all lower courts that are under common legal systems
- A precedent that Judges use for advice but do not have to follow, can be used as an obiter dicta
- Finding different facts about two cases
- A higher court overruling a law made in a case of a lower court
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2. What is the definintion of Ratio Decidendi?
- A case cannot be re-opened once the final decision has been made
- Res Judicata
- The meaning behind a decision
- To stand by what has been decided
3. What is the correct hierarchy for the Criminal Court?
- Magistrates > Crown > High (QBD) > COA (Criminal) > Supreme
- High (QBD) > Magistrates > Crown > COA (Criminal) > Supreme
- Magistrates > High (QBD) > COA (Criminal) > Crown > Supreme
- Magistrate > COA (Criminal) > Supreme > Crown > High (QBD)
4. Name the cases used to exemplify The Practice Statement 1966
- R v Savage & R v Spratt
- Donoghue v Stevenson & Caparo
- Addie v Dumbreck & BRB v Herrington
- R v Brown & R v Wilson