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Kaplan Exam Kit Question – help needed please

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Kaplan Exam Kit Question – help needed please

  • This topic has 3 replies, 3 voices, and was last updated 4 years ago by Vijay.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • February 21, 2021 at 8:00 pm #611253
    Suman
    Participant
    • Topics: 11
    • Replies: 9
    • ☆

    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 statements

    Which is the correct option and why?

    Many thanks,
    Suman

    February 24, 2021 at 8:44 pm #611586
    Vijay
    Member
    • Topics: 0
    • Replies: 258
    • ☆☆☆

    Hi 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

    February 26, 2021 at 10:49 am #611784
    alawi sayed
    Participant
    • Topics: 301
    • Replies: 352
    • ☆☆☆☆

    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,

    March 5, 2021 at 7:43 pm #613625
    Vijay
    Member
    • Topics: 0
    • Replies: 258
    • ☆☆☆

    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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    Posts
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