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Vijay.
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Suman
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- Replies: 4
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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 statementsCan anyone please explain, which is the correct option and why?
Many thanks,
Sumanbarbjohn
- Topics: 0
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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
Suman
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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
barbjohn
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I think you’ve got it!
Vijay
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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
Suman
barbjohn
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