Podcast
Questions and Answers
What is the fundamental principle stated by a judge in resolving a legal question?
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?
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?
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?
Inaccurate legal reasoning due to lack of proper consideration of relevant statutes, principles, or precedents leads to which of the following?
Which type of precedent establishes that a court's decision must elicit the same response whenever the same issue is brought before the court?
Which type of precedent establishes that a court's decision must elicit the same response whenever the same issue is brought before the court?
What is the legal rationale in a court decision that forms the binding element of the decision?
What is the legal rationale in a court decision that forms the binding element of the decision?
What is the term used to describe court decisions that judges are bound to respect?
What is the term used to describe court decisions that judges are bound to respect?
Which type of precedent serves as a guideline for judges but is not binding?
Which type of precedent serves as a guideline for judges but is not binding?
What term is used to describe parts of a judgment that are not crucial to the decision but are still significant?
What term is used to describe parts of a judgment that are not crucial to the decision but are still significant?
Under what principle are judges obligated to use decided cases and apply the principles therein?
Under what principle are judges obligated to use decided cases and apply the principles therein?
What term refers to errors made by a court due to ignorance or carelessness?
What term refers to errors made by a court due to ignorance or carelessness?
Which type of precedent requires judges to follow the decisions made in similar cases?
Which type of precedent requires judges to follow the decisions made in similar cases?
What is the purpose of per incuriam statements made by the court?
What is the purpose of per incuriam statements made by the court?
In what circumstances can statutes provide authority to overrule precedents?
In what circumstances can statutes provide authority to overrule precedents?
How do courts use equity to address limitations in the common law system?
How do courts use equity to address limitations in the common law system?
What differentiates per curiam decisions from obiter dicta?
What differentiates per curiam decisions from obiter dicta?
What does Antoine's quote 'Equity therefore does not destroy the law, nor create it, but assists it.' imply?
What does Antoine's quote 'Equity therefore does not destroy the law, nor create it, but assists it.' imply?
Why do per incuriam statements have no binding effect on future cases?
Why do per incuriam statements have no binding effect on future cases?
