Binding Precedent Characteristics

Summary

Binding precedents are legal decisions that must be followed by lower courts. They do not last forever as they can be overturned by higher courts or legislative changes. Precedents ensure consistency in the law but are subject to change.

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Plagiarism is taken very seriously because- i. It is theft of other people’s ideas ii. It is a harmless use of what others wrote earlier iii. It represents laziness iv. It is necessary only in legal settings v. It is only important at colleges and universities vi. Can be misleading to the reader Question 54Answer a. (iii), (vi), (i) b. (ii), (iv), (iii) c. (i), (iv), (vi) d. (v), (ii), (vi)
The correct answer for why plagiarism is taken seriously is:
a. (iii), (vi), (i)
- It represents laziness.
- Can be misleading to the reader.
- It is theft of other people’s ideas.
These reasons highlight the ethical and practical issues associated with plagiarism.
Who can sponsor a Bill in Parliament? Question 55Answer a. A hustler b. Private member c. None of them d. An Ambassador
In the context of parliamentary procedures, the correct answer to who can sponsor a Bill in Parliament is:
b. Private member
A private member refers to a member of parliament who is not a minister and can propose legislation, known as a private member's bill.
In which of the following cases did legislative history play a role? Question 56Answer a. East African Breweries Ltd v Odoyo b. Raila v IEBC c. Root Capital Inc v Tekangu Farmers Co-operative Society Ltd d. Joho v Shahbal
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In the case of "Joho v Shahbal," legislative history played a role. This case involved the interpretation of constitutional provisions regarding election petitions, where understanding the intention behind the legislation was crucial.
If you have any other questions or need further clarification, feel free to ask!
Which of the following applies to writing a ‘references’ section to a passage in OSCOLA? Question 57Answer a. Cases can be excluded b. None of them c. They must be arranged in alphabetical order d. References using ‘URL’ need not be included
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In the OSCOLA referencing style, the correct answer for writing a 'references' section is:
c. They must be arranged in alphabetical order
In OSCOLA, the references are arranged in alphabetical order based on the author's last name or the title if no author is available. This ensures clarity and consistency in legal writing.
Who is recognized as the father of ‘precedent’? Question 58Answer a. Sir Radcliffe b. Lord Atkin c. Henry Bracton d. Lord Denning MR
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Henry Bracton is recognized as the father of ‘precedent’.
The question of plagiarism arose in – Question 59Answer a. Kukali v Ogola b. Egerton v Brownlow c. Wambui v University of Kabianga d. Muchiri v Maseno University
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The question of plagiarism arose in the case of "Wambui v University of Kabianga." If you have any further questions or need additional information, feel free to ask!
Which of the following is the correct way of citing a chapter in book in accordance to OSCOLA? Question 60Answer a. M Wekesa ‘An Overview of Intellectual Property Rights in Kenya’ in M Wekesa & B Sihanya (eds) Intellectual Property Rights in Kenya (Konrad Nairobi *) *-* b. Wekesa M. ‘An Overview of Intellectual Property Rights in Kenya’ in Wekesa M. & Sihanya B. (eds) Intellectual Property Rights in Kenya (Konrad Nairobi *) pp. *-* c. M. Wekesa ‘An Overview of Intellectual Property Rights in Kenya’ in M. Wekesa & B. Sihanya (eds) Intellectual Property Rights in Kenya (Konrad Nairobi *) *-* d. M Wekesa An Overview of Intellectual Property Rights in Kenya in M Wekesa & B Sihanya (eds) Intellectual Property Rights in Kenya (Konrad, Nairobi, *) pp. *-*
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The correct way of citing a chapter in a book according to OSCOLA is:
a. M Wekesa ‘An Overview of Intellectual Property Rights in Kenya’ in M Wekesa & B Sihanya (eds) Intellectual Property Rights in Kenya (Konrad Nairobi *) *-*
If you have more questions, feel free to ask!
Which of the following is used to combine words? Question 61Answer a. En-dash b. Comma c. Em-dash d. Hyphen
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The correct answer to the question "Which of the following is used to combine words?" is:
d. Hyphen
A hyphen is used to connect words and to separate syllables of a single word.
In which of the following is a journal article cited according to OSCOLA style? Question 62Answer a. E Namukhula ‘Respect of International Commitments in Kenya’ (*) * AJIL * b. E Namukhula ‘Respect of International Commitments in Kenya’ (*) AJIL vol. *, p.* c. E Namukhula (*) ‘Respect of International Commitments in Kenya’ * AJIL * d. E Namukhula (*) Respect of International Commitments in Kenya, AJIL, vol. *, p *
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The correct citation according to OSCOLA style is:
a. E Namukhula ‘Respect of International Commitments in Kenya’ (*) * AJIL *
This format follows the OSCOLA guidelines for citing journal articles, which include the author's name, article title, year, volume, journal abbreviation, and page number.
Which was the first University in the world to teach Roman law? Question 63Answer a. Montepelier b. Oxford c. Harvard d. Bologna
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The first university in the world to teach Roman law was the University of Bologna. If you have any more questions, feel free to ask!
In the case of ---------------------- the court established the principle of ‘jurisdiction ratione materie’ Question 64Answer a. Root Capital Inc v Tekangu Farmers Co-operative Society Ltd b. AG v Ndii c. None of them d. Kalemere v Unilever
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The correct answer to the question regarding the case where the principle of ‘jurisdiction ratione materie’ was established is:
c. None of them
If you have more questions or need further clarification, feel free to ask!
Which of the following is not true of the common law? Question 65Answer a. It was developed by based on the traditions of England b. It was developed by Lord Brocton c. It developed in England between * - * AD d. It was started by advisers to the King
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The statement that is not true of the common law is:
b. It was developed by Lord Brocton
Henry Bracton is often associated with the development of common law, but he did not "develop" it. He is recognized for his work in documenting and describing it. If you have any other questions, feel free to ask!
Which of the following is true of a precedent? Question 66Answer a. It is respected out of comity b. The decsion was arrived at per incuriam c. It must not be departed from d. The decision was not fully considered
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In the context of legal precedents, option (a) "It is respected out of comity" is generally true. Precedents are followed to ensure consistency and predictability in the law, not just out of comity. If you have more questions, feel free to ask!
The style used in drawing legal documents is - Question 67Answer a. In the first person b. Impersonal c. All of them d. In singular
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In legal documents, the style is typically "b. Impersonal." This means that the language used is objective and detached, avoiding personal pronouns or perspectives to maintain formality and clarity. If you have any more questions or need further clarification, feel free to ask!
Which of the following is not true of quotations in OSCOLA? Question 68Answer a. Quotations within short quotations take double quotation marks. b. Longer quotations are indented from both the left and right with quotation marks. c. Quotations of three lines or less are incorporated into the text and are enclosed by single quotation marks. d. Quotations within long quotations take single quotation marks.
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The statement that is not true of quotations in OSCOLA is:
b. Longer quotations are indented from both the left and right with quotation marks.
In OSCOLA, longer quotations (more than three lines) are indented without quotation marks. If you have more questions, feel free to ask!
Which of the following is the odd one out regarding legal writing? Question 69Answer a. Analysis of fact patterns b. Presentation of legal arguments c. Using legalese in the writing d. Writing polite letters to a client
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The odd one out regarding legal writing would be:
d. Writing polite letters to a client
This option is more related to client communication rather than the technical aspects of legal writing such as analysis, presentation, or use of legalese.
Public participation is mandatory in - Question 70Answer a. Legislation b. Finance Bills c. All of them d. Rule making
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Public participation is mandatory in:
- Legislation
- Finance Bills
- Rule making
Therefore, the correct answer is c. All of them.
If you have more questions or need further clarification, feel free to ask!
Which of the following is the correct way of ‘dealing with Judges’ under OSCOLA? Question 72Answer a. Wafula v R [*] eKLR {Ogeto and Kinga JJA} b. Wafula v R [*] eKLR c. Wafula v R [*] eKLR [Ogeto and Kinga JJA] d. Wafula v R [*] eKLR (Ogeto and Kinga JJA)
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For citing judges in the OSCOLA style, the correct format is:
d. Wafula v R [*] eKLR (Ogeto and Kinga JJA)
If you have more questions or need additional information, feel free to ask!
In which of the following cases was the ‘rule based reasoning’ applied? Question 73Answer a. East African Breweries v Odoyo b. Minister for Internal Security and Provincial Administration v Centre for Rights Education & Awareness c. Giella v Cassman Brown & Co Ltd d. Orawo v Mistri
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In the context of the question about which case applied 'rule-based reasoning,' the answer is:
c. Giella v Cassman Brown & Co Ltd
This case is often cited in Kenya for establishing the principles for granting an interlocutory injunction, which involves rule-based reasoning. If you have more questions or need further clarification, feel free to ask!
Which of the following is used to combine words? Question 74Answer a. Comma b. Hyphen c. En-dash d. Em-dash
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The correct answer to the question "Which of the following is used to combine words?" is:
b. Hyphen
A hyphen is used to combine words and create compound terms, such as "well-known" or "mother-in-law." If you have more questions, feel free to ask!
Legal English is applicable to – Question 75Answer a. Writs, judgments, wills b. All of them c. Summons, rules, treaties d. Mortgages, insurance contracts, regulations
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Legal English is a specialized form of English used in legal contexts. It is applicable to:
- Writs, judgments, wills
- Summons, rules, treaties
- Mortgages, insurance contracts, regulations
Therefore, the correct answer is b. All of them. Legal English is essential in these contexts because it ensures precision and clarity in legal documentation and communication.
In law making, a Bill becomes law - Question 76Answer a. After two weeks following the President’s inaction b. After the President makes his comments c. Upon its introduction to the Senate d. After the third reading
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In the context of lawmaking, a Bill becomes law after the third reading. However, in certain jurisdictions, if the President takes no action on a Bill for a specified period, it may automatically become law.
If you need further clarification on this process or have other legal questions, feel free to ask!
Which of the following is the correct way of citing a journal article? Question 77Answer a. FN Matoke ‘Law is a Tough Subject *(*) Law Journal Issue * [*-*] b. FN Matoke ‘Law is a tough subject’ (*) Law Journal Vol * issue * pp *-* c. FN Matoke “Law is a Tough Subject” * (*)* Law journal [*]-[*] d. FN Matoke ‘Law is a Tough Subject’ *(*)* Law Journal *-*
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The correct way of citing a journal article, according to OSCOLA style, is not provided directly among the options, but option d. "FN Matoke ‘Law is a Tough Subject’ *(*)* Law Journal *-*" is the closest, as it follows the general OSCOLA format: Author, 'title' (year) volume Journal page.
Which of the following cases is authority for jurisdiction of a court? Question 78Answer a. Microsoft Corporation v Mitsumi Computer Garage Ltd [*] b. All of them c. The Owners of the Motor Vessel “Lillians” -V- Caltex Oil Kenya Ltd (*) d. Odinga v Independent Electoral and Boundaries Commission [*]
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The case that is often cited as authority for jurisdiction of a court is:
c. The Owners of the Motor Vessel “Lillians” -V- Caltex Oil Kenya Ltd (*).
This case is frequently referenced in Kenyan law concerning the jurisdiction of courts. If you have any further legal questions or need clarification, feel free to ask!
Rules of practice are made by - Question 79Answer a. The Executive b. The Legislature c. The Judiciary d. The President
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In most legal systems, rules of practice are typically made by the Judiciary. These rules govern the procedures and processes within the courts to ensure fair and efficient administration of justice. If you have more questions, feel free to ask!
Njeru v R (*) ‘the Anarita’ case is a precedent in the field of - Question 80Answer a. Human rights b. Legal Research and Writing c. Tort d. Contract
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The "Njeru v R (*), also known as 'the Anarita' case, is a precedent in the field of human rights (option a). This case is significant in Kenyan law for establishing the principle that constitutional petitions must be precise in their pleadings regarding rights violations.
If you have any more questions or need further clarification, feel free to ask!
In which language are the following expressions: writ, ipso facto, subpoena, inter partes, suo moto? Question 81Answer a. French b. Legalese c. Ancient English d. Latin
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The language for the expressions "writ," "ipso facto," "subpoena," "inter partes," and "suo moto" is:
d. Latin
If you have any more questions, feel free to ask!
Which of the following is not the correct way of presenting numbers in OSCOLA style? Question 82Answer a. *,* b. * c. *,* d. *,*– *,*
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In the OSCOLA style, the correct presentation of numbers does not include commas. Therefore, the option that is not correct is:
a. *,*
Which of the following is not part of good legal writing? Question 84Answer a. Simplicity b. Tone c. All of them d. Pomposity
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The correct answer to "Which of the following is not part of good legal writing?" is:
d. Pomposity
Good legal writing values simplicity and tone but avoids pomposity, which can make the writing unclear and difficult to understand. If you have more questions or need further clarification, feel free to ask!
Which of these terms is used in interlocutory applications? Question 85Answer a. Petitioner - respondent b. applicant/defendant - respondent/petitioner c. applicant/plaintiff - respondent/defendant d. Applicant - respondent
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In interlocutory applications, the term "Applicant - respondent" (option d) is typically used. This refers to the party seeking the court's interim relief (applicant) and the opposing party (respondent). If you have more questions or need further clarification, feel free to ask!