Doctrine of Binding Judicial Precedent

What is the case that focused on whether the accused had dishonestly misused entrusted property?

• Wong See Leng v Saraswathy Amal

• Dhalip Bhagwan Singh v PP

• Harris Solid State v Bruno Gentil

• PP v Datuk Tan Cheng Swee & Anor

Which court is bound by the prior decision of superior courts?

• Court of Appeal

• Federal Court

• All courts

• High Court

What must lower courts do even if they disagree with higher court decisions?

• Follow them

• Reinterpret them

• Ignore them

• Challenge them

In which case did the Court of Appeal state it is bound to follow a decision even if it suffers from infirmity?

• Dhalip Bhagwan Singh v PP

• Harris Solid State v Bruno Gentil

• Koperasi Rakyat Bhd v Harta Empat Sdn Bhd

• Tan Boon Kean v PP

What is the principle that requires lower courts to follow decisions of higher courts?

• Judicial review

• In pari materia

• Per incuriam

• Stare decisis

What happens when there are two conflicting decisions in the Court of Appeal?

• Must ignore both decisions

• May choose either decision

• Must follow the newer decision

• Must follow the older decision

What was the highest tribunal of appeal in Malaysia until 31 December 1984?

• High Court

• Court of Appeal

• Privy Council

• Federal Court

In which circumstance does a Privy Council decision bind Malaysian courts?

• When it is a case on appeal from Malaysia

• When it is a case from another common law country

• When it is a civil matter

• When it is a criminal matter

What is the effect of a Privy Council decision from another common law country?

• It is binding

• It is only applicable in civil matters

• It is persuasive

• It is ignored

What is the term for when a court is not bound by its own prior decisions?

• Horizontal operation

• Judicial discretion

• Stare decisis

• Per incuriam