Required; Answer and discuss the essay questions

Question 1

Within the context of law making and precedent what is the meant by the term res judicata?

Question 2

List some arguments for and against the system of judicial precedent (judicial activism) within any

legal system.

Question 3

Distinguish the legal expressions used in the creation of precedents, ratio decidendi and obiter dicta.

Question 4

How does a persuasive precedent differ from a binding precedent and are courts always bound by

such precedents?

Question 5

What is the main purpose for the courts using extrinsic methods to interpret statute (legislation)?

Question 6

What are the three main methods in which the doctrine of precedent operates within a legal system?

Question 8

Which of the following types of law, would be distinguished with 'common law' when that term is

used to describe an all-inclusive legal system?

a) Equity Law.

b) Statute law.

c) Civil law.

d) Canon law.

Question 9

Which of the following is the best definition of the 'ratio decidendi' of a case?

a) The final order of the court is binding on the immediate parties to the action.

b) The legal reasoning upon which the decision in a case was based.

c) Anything said about the law in the course of a judgement that does not form part of the

matters in issue.

d) The doctrine of precedent; 'to stand by a decision'.

Question 10

Which of the following is the most accurate meaning of the 'obiter dictum' of a case?

a) 'Let the decision stand.'

b) 'Through lack of care.'

c) 'A matter which has been adjudicated upon'.

d) 'A saying by the way'.