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Kaplan Exam Kit Question – help needed please

Forums › ACCA Forums › ACCA LW Corporate and Business Law Forums › Kaplan Exam Kit Question – help needed please

  • This topic has 4 replies, 3 voices, and was last updated 1 year ago by Vijay.
Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • February 21, 2021 at 7:06 pm #611251
    Suman
    Participant
    • Topics: 10
    • Replies: 6
    • ☆

    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

    February 21, 2021 at 8:13 pm #611254
    barbjohn
    Member
    • Topics: 0
    • Replies: 33
    • ☆

    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

    February 21, 2021 at 8:30 pm #611255
    Suman
    Participant
    • Topics: 10
    • Replies: 6
    • ☆

    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

    February 23, 2021 at 12:03 pm #611432
    barbjohn
    Member
    • Topics: 0
    • Replies: 33
    • ☆

    I think you’ve got it!

    March 26, 2021 at 7:31 pm #615278
    Vijay
    Member
    • Topics: 0
    • Replies: 258
    • ☆☆☆

    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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