SQE: PUBLIC LAW : EXAM
QUESTIONS AND COMPLETE
REVIEWED ANSWERS
What is the definition of 'common law'?
The law as applied by the King's Courts as opposed to the
rules of Equity, a system developed by the separate Court
of Chancery
How is the common law system is governed?
Rules of Precedent
What is the definition of the 'rules of precedent'?
The decisions of judges higher up in the hierarchy of
courts and tribunals are 'binding' on those lower down
Name 2 roles of a judge
1. Consider the evidence brought by the parties and
decide which evidence they find credible
2. Consider the applicable law - this may be case law, or
statute, or a combination of both
3. Apply the law to the facts of the case and reach a
decision on which party should succeed
4. Decide what remedy the successful party is entitled to
What is the definition of 'stare decisis'?
,A higher court's precedents binds lower courts + certain
courts bind themselves
Is a precedent always binding?
No - it can also be persuasive (in which case it will be
considered by the later court and may be followed)
What is a question of a 'point of law'?
A question about the application of the law to the case,
which the court has been asked by the parties to decide
What is the definition of 'ratio decidendi'?
The ratio is the legal principle or rule on which the court's
decision is based, applied to the material facts of the case.
What is the definition of 'obiter dictum'?
Where a judge comments on an area of law, on which it is
not necessary to reach a decision in the case
Is ratio decidendi binding or persuasive?
Binding
Is obiter dictum binding or persuasive?
Persuasive
What is the process of 'reversing'?
A judgement is reversed if a case goes to appeal, and the
higher appeal court disagrees with the lower court
This does not negate a precedent - it simply means the
higher court has not applied the law in the same way.
What is the process of 'overturning'?
,A precedent is overruled if a superior court in a later case
decides the original precedent set in a past case is wrong
and sets a new 'correct' precedent instead
Are decisions in the crown court binding?
No
Are decisions in the high court binding?
Yes - on all inferior courts and itself
What is the definition of 'per incuriam'?
A previous court judgement failed to pay attention to
existing precedent or statutory provision
What is the primary difference between equity and
common law?
Equitable remedies are discretionary
What prevails if there is a conflict between common
law and equity?
Equity
In what scenario can a case not be considered a
matter of civil law?
If one of the parties is a governmental body or the Crown
What is 'specific performance'?
An equitable remedy where an order by the court compels
a party to perform something they have promised to do
under a contractual agreement.
What is the criteria for the 'specific performance'
remedy to be imposed by the court?
It is only available where:
1. There is a valid and enforceable contract
, 2. Damages would not be an adequate remedy for the
claimant
What is are the two different types of injunction?
1. Mandatory Injunction - requires a party to do something
2. Prohibitory Injunction - requires a party to refrain from
doing something
What is the criteria for an 'injunction' to be imposed
by the court?
Only where damages would not adequately compensate
the claimant
What is the difference between interim and final
injunctive relief?
Interim is obtained before the conclusion of legal
proceedings
Final is obtained at the conclusion of legal proceedings
Name 2 things a 'declaration' (remedy) can be on:
1. The legal rights of the parties
2. The existence of facts
3. A principle of law
What is a 'rescission'?
A remedy where the contract is set aside and the parties
are put back in the position in which they were before the
contract was made
QUESTIONS AND COMPLETE
REVIEWED ANSWERS
What is the definition of 'common law'?
The law as applied by the King's Courts as opposed to the
rules of Equity, a system developed by the separate Court
of Chancery
How is the common law system is governed?
Rules of Precedent
What is the definition of the 'rules of precedent'?
The decisions of judges higher up in the hierarchy of
courts and tribunals are 'binding' on those lower down
Name 2 roles of a judge
1. Consider the evidence brought by the parties and
decide which evidence they find credible
2. Consider the applicable law - this may be case law, or
statute, or a combination of both
3. Apply the law to the facts of the case and reach a
decision on which party should succeed
4. Decide what remedy the successful party is entitled to
What is the definition of 'stare decisis'?
,A higher court's precedents binds lower courts + certain
courts bind themselves
Is a precedent always binding?
No - it can also be persuasive (in which case it will be
considered by the later court and may be followed)
What is a question of a 'point of law'?
A question about the application of the law to the case,
which the court has been asked by the parties to decide
What is the definition of 'ratio decidendi'?
The ratio is the legal principle or rule on which the court's
decision is based, applied to the material facts of the case.
What is the definition of 'obiter dictum'?
Where a judge comments on an area of law, on which it is
not necessary to reach a decision in the case
Is ratio decidendi binding or persuasive?
Binding
Is obiter dictum binding or persuasive?
Persuasive
What is the process of 'reversing'?
A judgement is reversed if a case goes to appeal, and the
higher appeal court disagrees with the lower court
This does not negate a precedent - it simply means the
higher court has not applied the law in the same way.
What is the process of 'overturning'?
,A precedent is overruled if a superior court in a later case
decides the original precedent set in a past case is wrong
and sets a new 'correct' precedent instead
Are decisions in the crown court binding?
No
Are decisions in the high court binding?
Yes - on all inferior courts and itself
What is the definition of 'per incuriam'?
A previous court judgement failed to pay attention to
existing precedent or statutory provision
What is the primary difference between equity and
common law?
Equitable remedies are discretionary
What prevails if there is a conflict between common
law and equity?
Equity
In what scenario can a case not be considered a
matter of civil law?
If one of the parties is a governmental body or the Crown
What is 'specific performance'?
An equitable remedy where an order by the court compels
a party to perform something they have promised to do
under a contractual agreement.
What is the criteria for the 'specific performance'
remedy to be imposed by the court?
It is only available where:
1. There is a valid and enforceable contract
, 2. Damages would not be an adequate remedy for the
claimant
What is are the two different types of injunction?
1. Mandatory Injunction - requires a party to do something
2. Prohibitory Injunction - requires a party to refrain from
doing something
What is the criteria for an 'injunction' to be imposed
by the court?
Only where damages would not adequately compensate
the claimant
What is the difference between interim and final
injunctive relief?
Interim is obtained before the conclusion of legal
proceedings
Final is obtained at the conclusion of legal proceedings
Name 2 things a 'declaration' (remedy) can be on:
1. The legal rights of the parties
2. The existence of facts
3. A principle of law
What is a 'rescission'?
A remedy where the contract is set aside and the parties
are put back in the position in which they were before the
contract was made
