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Dear Sir,
Can you please help me with the following question?
Q. Which of the following would NOT be regarded as persuasive precedent by a judge within a Court of Appeal?
Answer options:
a. Decisions of lower courts
b. Decisions of the Supreme Court
c. Obiter dicta statementsWhich is the correct option and why?
Many thanks,
SumanHi Suman,
I would opt for B because decisions of the Supreme Court are usually binding rather than just being persuasive. Does the Kaplan kit not contain the answer with reason why?
Kind regards,
Vijay
Hi Vijay,
What about obter dicta Statement isn’t it not persuasive,the question is asking not persuasive and the decision of supreme court is persuasive.
Thanks,
Hi Alawi,
Obiter Dicta comments are not binding. They are simply persuasive (which means it could be followed by other judges).
The Supreme Court makes decisions which ARE Binding (which means they must be followed by other judges). Supreme Court decisions are not persuasive. They are more important and therefore binding!
I hope that clarifies.
Vijay
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