SQE Questions and Answers

Development of case law: the doctrine of precedent | SQE1 – SQE2 Questions and Answers Examples

In an appeal before the Court of Appeal, the appellant relies in argument on an earlier decision of the Judicial Committee of the Privy Council (JCPC) which indicates that the appeal should be allowed. The respondent relies in argument on an earlier decision of the Court of Appeal which indicates that the appeal should not be allowed. How should the Court of Appeal treat the two decisions to which it has been referred?

 

-The court should consider itself bound by the earlier decision of the JCPC.

-The court should consider itself bound by the earlier decision of the Court of Appeal.

-The court should consider itself bound by both earlier decisions and must transfer the appeal to a higher court.

-The court should treat both earlier decisions as having persuasive value only and must decide which of the two to follow. The court should treat both earlier decisions as without precedent value and should make its decision without regard to either.

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