Can anyone please help 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 statements
Can anyone please explain, which is the correct option and why?
Many thanks,
Suman
ACCA Forums
LWKaplan Exam Kit Question - help needed please
Obiter dicta is only ever persuasive
Decisions of lower courts won't bind superior courts
And decisions of the Supreme Court will bind Appeal Court judges
That's a puzzle if the question asks for only one choice to be made. See what Vijay has to say
I just gave a thought and came to the conclusion that options a and c are persuasive precedent and that option b is a binding precedent. As the question has asked for the option that would NOT be regarded as persuasive precedent, I think it should be option b as it is a binding precedent and not persuasive precedent.
But I just want to make sure that I am thinking about it correctly.
Will wait to see what Vijay has to say.
Thanks
I think you've got it!
Well done both of you. The correct answer is indeed B.
Please post any questions for me on the post entitled questions for your tutor as I dont often see this thread.
Best wishes
Vijay
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