Test $1-1-$ ADMN $1306$

NAME:

The rule stare decisis

a$.$ is a hard and fast rule that has qualifications attached to it that allow judges to depart from it$.$

b$.$ is merely a principle that applies in those countries where the law is codified.

C$3$ is not a hard and fast rule and is not always followed.

d$.$ is a hard and fast rule that is always followed.

e$.$ has no place in a system based on common law.

A valid argument as to why the rule stare decisis should not be an absolute rule is that

a$.$ no two sets of facts are identical in every respect.

b$.$ fairness in law often requires that judges exercise some flexibility in their approaches to some cases.

c$.$ precedents only bind the same set of circumstances.

d$.$ judges are only bound to follow decisions of higher courts.

e$.$ all of the above

In our legal system, the decision of a court of first instance

a$.$ can only be overruled by the Supreme Court of Canada.

b$.$ can only be overruled by a similar court of first instance.

c$.$ can only be overruled by a similar court of first instance and an appeal court.

d$.$ can only be overruled by either an appeal court or the Supreme Court of Canada.

e$.$ can only be overruled by an appeal court.

When it comes to interpreting statutes, a precedent is formed when courts

a$.$ decide on the meaning of the language of the statute.

b$.$ decide what the language of the statute means; whether it applies to the facts of a case; and, if it does, its consequences.

c$.$ determine whether the statute applies to the facts of a case.

d$.$ decide on the consequences of the statute when applied to a particular case.

e$.$ use and apply an existing case to the case being dealt with.

$8$