LA1102 Workshop 6

Ratio decidendi means:

• part of the mathematical formula underlying the court's reason for deciding

• ‘reason for deciding’

• the reasons of the Chief Justice

Obiter dictum means (select the best answer):

• an omnibus judgement from the High Court

• a passing remark of the Chief Justice that is binding on lower courts.

• a passing remark which was not necessary for resolution of the case and not binding on lower courts

Lower courts must follow the most recent decision coming from above and:

• cannot declare superior court decisions to be per incuriam

• can declare superior court decisions to be per incuriam

If the judges of the High Court are equally divided in a case (e.g. 3-3), what is the decision of the High Court? Select the best answer

• There is no decision of the High Court because the judges are equally divided per s. 23(2)(a) of the Judiciary Act 1903 (Cth)

• The decision is decided by a flip of a coin per s. 23(2)(a) of the Judiciary Act 1903 (Cth)

• The decision of the court appealed from per s. 23(2)(a) of the Judiciary Act 1903 (Cth)

If the High Court is equally divided in its decision:

• there can be no ratio

• there can be a ratio

• there can be ratio binding in certain situations

A decision of an equally divided court is:

• is binding on courts below it in the hierarchy

• not binding on courts below it in the hierarchy

• is binding on the lowest court in the same hierarchy

The decision of an equally divided court can be persuasive on courts below it in the same hierarchy.

• True

• False