Legal Precedents in Trinidad and Tobago
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Questions and Answers

What is the fundamental principle stated by a judge in resolving a legal question?

  • Judicial Precedent
  • Obiter dicta
  • Court Hierarchy
  • Ratio decidendi (correct)
  • Which type of court decisions are those from lower courts or other jurisdictions but with similar legal systems, influencing rather than binding?

  • Ratio Decidendi
  • Persuasive Precedent (correct)
  • Obiter Dicta
  • Binding Precedent
  • What are statements of law in a court decision that are not the basis for the decision and may include comments on non-legal issues or hypothetical analogies called?

  • Ratio decidendi
  • Judicial Precedent
  • Court Hierarchy
  • Obiter dicta (correct)
  • Inaccurate legal reasoning due to lack of proper consideration of relevant statutes, principles, or precedents leads to which of the following?

    <p>Judicial Error</p> Signup and view all the answers

    Which type of precedent establishes that a court's decision must elicit the same response whenever the same issue is brought before the court?

    <p>Binding Precedent</p> Signup and view all the answers

    What is the legal rationale in a court decision that forms the binding element of the decision?

    <p>Ratio Decidendi</p> Signup and view all the answers

    What is the term used to describe court decisions that judges are bound to respect?

    <p>Judicial Precedent</p> Signup and view all the answers

    Which type of precedent serves as a guideline for judges but is not binding?

    <p>Persuasive Precedent</p> Signup and view all the answers

    What term is used to describe parts of a judgment that are not crucial to the decision but are still significant?

    <p>Obiter Dicta</p> Signup and view all the answers

    Under what principle are judges obligated to use decided cases and apply the principles therein?

    <p>Binding Precedent</p> Signup and view all the answers

    What term refers to errors made by a court due to ignorance or carelessness?

    <p>Per incuriam</p> Signup and view all the answers

    Which type of precedent requires judges to follow the decisions made in similar cases?

    <p>Binding Precedent</p> Signup and view all the answers

    What is the purpose of per incuriam statements made by the court?

    <p>To influence the outcome of the case differently if relevant considerations had been made</p> Signup and view all the answers

    In what circumstances can statutes provide authority to overrule precedents?

    <p>When a decision is per incuriam or prospective overruling is applicable</p> Signup and view all the answers

    How do courts use equity to address limitations in the common law system?

    <p>By granting remedies where no precedent exists or where existing damages are insufficient</p> Signup and view all the answers

    What differentiates per curiam decisions from obiter dicta?

    <p>Per curiam decisions are binding while obiter dicta are not binding</p> Signup and view all the answers

    What does Antoine's quote 'Equity therefore does not destroy the law, nor create it, but assists it.' imply?

    <p>Equity works alongside common law to provide additional remedies and fill gaps</p> Signup and view all the answers

    Why do per incuriam statements have no binding effect on future cases?

    <p>Because they are made without proper consideration of statutes and legal principles</p> Signup and view all the answers

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