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Judicial decision making
Judicial decision making

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12 Consolidation quiz – Part 2

Attempt Part 2 of the quiz to help consolidate your knowledge. If you’re unsure of any of the answers, revisit the relevant sections of the course.

Activity 10 Quiz questions

Timing: Allow about 10 minutes

a. 

The practice of following previous decisions even if they are not perfect


b. 

The reason for the decision


c. 

The most important part of the decision


The correct answer is a.

a. 

It enabled lawyers and the public to be confident that the law report was an accurate report of what the judge had decided.


b. 

It stopped judges from questioning the quality of law reports


c. 

It made a single body responsible for all law reports


The correct answers are a and b.

a. 

A precedent that supports your case can force the judge to decide in your favour


b. 

Precedent can be used to help predict how a court will decide


c. 

Finding precedent is not an important skill for a lawyer


The correct answers are a and b.

a. 

ratio decidendi


b. 

obiter dicta


The correct answer is a.

a. 

The rule that determined the case


b. 

A principle that is binding on later courts


c. 

An offhand comment by the judge


d. 

A factual finding


The correct answers are a and b.

a. 

Speculation by the judge about how legal principles might apply in other circumstances


b. 

Persuasive comments that are not binding on later courts


c. 

The key rationale for the decision


The correct answers are a and b.

a. 

University College London


b. 

The Open University


The correct answer is a.

a. 

It is unfair to the losing party because it is retrospective


b. 

Judges are not democratically accountable


c. 

Judges are not representative of wider society


d. 

There are no problems if judges make law


The correct answers are a, b and c.

a. 

Judges do not make law


b. 

Judges simply declare the law as it already exists


c. 

Judges must give reasons for their decisions


d. 

Judges must follow previous precedent


The correct answers are a and b.