PUBLIC LAW (SQE) COMPILED
EXAM QUESTIONS AND THEIR
CORRECT SOLUTIONS
Stages of legal development
1. Pre-1066 (Norman Conquest): system of customs
2. 1066-1485: common law formed
3. 1485-1870s: equity developed. now we have 2 legal
systems co-existing.
4. 1870s to present: Joint jurisdiction for common law and
equity + development in statute law + Growth of
governmental and administrative bodies + Influence of
European Union law (post-1973)
Writ definition
document with a royal seal that constituted a royal
demand for the defendant to appear before the Court
e.g. writ of write - to recover land
Describe the writ system?
there was no automatic right of access to the King's
Courts.
To be able to pursue a claim, the claimant had to
purchase a writ from the Chancellor before an action could
be brought before the courts.
If a claimant could not find an existing writ to cover his
case, he had no claim which the court would try.
,Common law
refers to the body of case law decided by judges. It is
sometimes referred to as 'judge made' law.
governed by rules of precedent.
This means that the decisions of judges higher up in the
hierarchy of courts and tribunals are 'binding' on those
lower down
Doctrine of stare decisis
The principle that similar cases with similar facts under
similar circumstances should have similar outcomes.
literal meaning: 'stand by what has been decided'
Requirements:
1. earlier case was decided in a court which binds it
2. relevant part of the earlier case is binding, rather than
merely 'persuasive'.
What part of a judgment is binding?
the ratio decidendi
when the superior court establishes a "point of law". i.e.
question about the application of the law to the case
A precedent may be:
- Binding --> must be followed; or
-Persuasive --> will be considered by the later court and
may be followed.
Ratio decidendi
,The reason for the decision. the legal principle or rule.
This is the binding part of the judgment.
Obiter dictum
A remark made by a judge in passing, which is not
binding.
judge comments on an area of law, on which it is not
necessary to reach a decision. not regarded as binding,
although they may be highly persuasive and influential
reversing/overruling a precedent
Reversed judgment: 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.
Precedent is overruled or overturned : if a superior court
decides the original precedent set in a past case is wrong
and sets a new 'correct' precedent instead
- original precedent is no longer good law
Can the supreme court depart from its own
precedent?
yes. Practice Statement (judicial precedent)
Binding on all inferior courts and itself (subject to 1966
Practice Statement.)
Is the Court of Appeal bound by its own decisions?
GR?
3 exceptions?
, GR: COA must follow its own precedent. it's decisions are
binding on all lower courts.
Exception: 3 exceptions in Young v Bristol - no need to
follow its own ruling if:
1) CA has previously conflicting decisions --> it can
choose which one to follow.
2) CA's decision has been overruled by the Supreme
Court or House of Lords
3) CA's previous decision was made per incuriam.
Meaning of per incuriam?
Court made a decision when it was not aware of a relevant
legal authority (case law or statute) which would have
been binding on the court' and that ignorance led to faulty
reasoning by the court.
Court's attention not drawn to relevant authorities or
statute
Is the High Court bound by its own decisions?
GR?
Exception?
GR: YES
Exception: unless there is a powerful reason to depart
Does the 'upper tribunal' bind lower courts and/or
itself?
who is it binding on?
Binding on:
1. the First Tier Tribunal
EXAM QUESTIONS AND THEIR
CORRECT SOLUTIONS
Stages of legal development
1. Pre-1066 (Norman Conquest): system of customs
2. 1066-1485: common law formed
3. 1485-1870s: equity developed. now we have 2 legal
systems co-existing.
4. 1870s to present: Joint jurisdiction for common law and
equity + development in statute law + Growth of
governmental and administrative bodies + Influence of
European Union law (post-1973)
Writ definition
document with a royal seal that constituted a royal
demand for the defendant to appear before the Court
e.g. writ of write - to recover land
Describe the writ system?
there was no automatic right of access to the King's
Courts.
To be able to pursue a claim, the claimant had to
purchase a writ from the Chancellor before an action could
be brought before the courts.
If a claimant could not find an existing writ to cover his
case, he had no claim which the court would try.
,Common law
refers to the body of case law decided by judges. It is
sometimes referred to as 'judge made' law.
governed by rules of precedent.
This means that the decisions of judges higher up in the
hierarchy of courts and tribunals are 'binding' on those
lower down
Doctrine of stare decisis
The principle that similar cases with similar facts under
similar circumstances should have similar outcomes.
literal meaning: 'stand by what has been decided'
Requirements:
1. earlier case was decided in a court which binds it
2. relevant part of the earlier case is binding, rather than
merely 'persuasive'.
What part of a judgment is binding?
the ratio decidendi
when the superior court establishes a "point of law". i.e.
question about the application of the law to the case
A precedent may be:
- Binding --> must be followed; or
-Persuasive --> will be considered by the later court and
may be followed.
Ratio decidendi
,The reason for the decision. the legal principle or rule.
This is the binding part of the judgment.
Obiter dictum
A remark made by a judge in passing, which is not
binding.
judge comments on an area of law, on which it is not
necessary to reach a decision. not regarded as binding,
although they may be highly persuasive and influential
reversing/overruling a precedent
Reversed judgment: 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.
Precedent is overruled or overturned : if a superior court
decides the original precedent set in a past case is wrong
and sets a new 'correct' precedent instead
- original precedent is no longer good law
Can the supreme court depart from its own
precedent?
yes. Practice Statement (judicial precedent)
Binding on all inferior courts and itself (subject to 1966
Practice Statement.)
Is the Court of Appeal bound by its own decisions?
GR?
3 exceptions?
, GR: COA must follow its own precedent. it's decisions are
binding on all lower courts.
Exception: 3 exceptions in Young v Bristol - no need to
follow its own ruling if:
1) CA has previously conflicting decisions --> it can
choose which one to follow.
2) CA's decision has been overruled by the Supreme
Court or House of Lords
3) CA's previous decision was made per incuriam.
Meaning of per incuriam?
Court made a decision when it was not aware of a relevant
legal authority (case law or statute) which would have
been binding on the court' and that ignorance led to faulty
reasoning by the court.
Court's attention not drawn to relevant authorities or
statute
Is the High Court bound by its own decisions?
GR?
Exception?
GR: YES
Exception: unless there is a powerful reason to depart
Does the 'upper tribunal' bind lower courts and/or
itself?
who is it binding on?
Binding on:
1. the First Tier Tribunal
