18 Questions
What is the fundamental principle stated by a judge in resolving a legal question?
Ratio decidendi
Which type of court decisions are those from lower courts or other jurisdictions but with similar legal systems, influencing rather than binding?
Persuasive 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?
Obiter dicta
Inaccurate legal reasoning due to lack of proper consideration of relevant statutes, principles, or precedents leads to which of the following?
Judicial Error
Which type of precedent establishes that a court's decision must elicit the same response whenever the same issue is brought before the court?
Binding Precedent
What is the legal rationale in a court decision that forms the binding element of the decision?
Ratio Decidendi
What is the term used to describe court decisions that judges are bound to respect?
Judicial Precedent
Which type of precedent serves as a guideline for judges but is not binding?
Persuasive Precedent
What term is used to describe parts of a judgment that are not crucial to the decision but are still significant?
Obiter Dicta
Under what principle are judges obligated to use decided cases and apply the principles therein?
Binding Precedent
What term refers to errors made by a court due to ignorance or carelessness?
Per incuriam
Which type of precedent requires judges to follow the decisions made in similar cases?
Binding Precedent
What is the purpose of per incuriam statements made by the court?
To influence the outcome of the case differently if relevant considerations had been made
In what circumstances can statutes provide authority to overrule precedents?
When a decision is per incuriam or prospective overruling is applicable
How do courts use equity to address limitations in the common law system?
By granting remedies where no precedent exists or where existing damages are insufficient
What differentiates per curiam decisions from obiter dicta?
Per curiam decisions are binding while obiter dicta are not binding
What does Antoine's quote 'Equity therefore does not destroy the law, nor create it, but assists it.' imply?
Equity works alongside common law to provide additional remedies and fill gaps
Why do per incuriam statements have no binding effect on future cases?
Because they are made without proper consideration of statutes and legal principles
Explore the concept of legal precedents in Trinidad and Tobago, including binding and persuasive precedents and the court hierarchy in the country. Learn how court decisions from other jurisdictions or lower courts can influence legal outcomes.
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