TLI4801 Assignment 2 Case Law – Techniques
in Trial and Litigation Practice Exam 2026/2027
Practice Questions & Study Guide | Complete
Exam-Style Questions with Correct Detailed
Answers & Rationales (Reliable Answers) |
Latest Updated Version | Instant Download
PDF
Question 1
Which statement best describes the doctrine of stare decisis in
South African law?
A. Every judgment of every court automatically binds every
other court.
B. Courts generally follow binding legal principles established
by courts higher in the judicial hierarchy.
C. Courts must always follow factual findings made in previous
cases.
D. Only legislation can establish binding legal rules.
Rationale: The doctrine of stare decisis promotes consistency,
certainty and predictability by requiring courts to follow
applicable binding precedent. The binding force depends
,principally on the hierarchy of courts and the legal principle
established in the earlier decision. A court does not become
bound merely because an earlier case has similar facts; it is the
applicable legal principle, properly identified, that carries
precedential force.
Question 2
What is the ratio decidendi of a judgment?
A. Every observation made by the judge during the hearing
B. The factual background of the dispute
C. The final order without reference to the reasoning
D. The legal principle necessary for the decision
Rationale: The ratio decidendi is the legal reasoning or principle
necessary to reach the court's decision. It is distinguished from
obiter dicta, which are observations that are not necessary to
determine the dispute. Correctly identifying the ratio is essential
when determining whether a judgment establishes a precedent
that must be followed.
Question 3
A High Court is considering a legal issue that has already been
authoritatively decided by the Supreme Court of Appeal. The
,earlier SCA decision is directly applicable. What should the High
Court ordinarily do?
A. Ignore the SCA decision because the High Court has its own
jurisdiction.
B. Follow only decisions of other High Courts.
C. Apply the binding principle established by the SCA unless a
recognised legal basis exists for not doing so.
D. Refer every such matter automatically to the Constitutional
Court.
Rationale: The judicial hierarchy determines the binding force of
precedent. The SCA is superior to the High Court, so a High
Court ordinarily must follow an applicable SCA decision. The
mere fact that the High Court disagrees with the reasoning does
not ordinarily permit it to disregard binding precedent.
Question 4
Which statement most accurately describes obiter dictum?
A. It is always binding on every lower court.
B. It is a judicial observation that is not necessary for deciding
the case.
C. It is the operative part of the court order.
D. It is evidence presented by a witness.
, Rationale: Obiter dicta are comments or observations made by
a court that are not essential to the determination of the
dispute. They do not ordinarily possess the binding force of ratio
decidendi, although a carefully reasoned observation by a
superior court may nevertheless have persuasive value.
Question 5
An attorney finds a previous case whose facts are similar to the
present matter but whose legal principle does not actually
govern the present dispute. What is the most appropriate
approach?
A. Treat the earlier case as automatically binding.
B. Ignore all previous cases because the facts are not identical.
C. Analyse whether the legal principle in the earlier case
applies to the material facts of the current case.
D. Use the case merely because it has a favourable outcome.
Rationale: Precedent is not determined simply by factual
resemblance. The lawyer must identify the material facts,
determine the ratio decidendi and then assess whether that
principle governs the present dispute. A superficial similarity
between cases is insufficient to establish that precedent is
binding.
in Trial and Litigation Practice Exam 2026/2027
Practice Questions & Study Guide | Complete
Exam-Style Questions with Correct Detailed
Answers & Rationales (Reliable Answers) |
Latest Updated Version | Instant Download
Question 1
Which statement best describes the doctrine of stare decisis in
South African law?
A. Every judgment of every court automatically binds every
other court.
B. Courts generally follow binding legal principles established
by courts higher in the judicial hierarchy.
C. Courts must always follow factual findings made in previous
cases.
D. Only legislation can establish binding legal rules.
Rationale: The doctrine of stare decisis promotes consistency,
certainty and predictability by requiring courts to follow
applicable binding precedent. The binding force depends
,principally on the hierarchy of courts and the legal principle
established in the earlier decision. A court does not become
bound merely because an earlier case has similar facts; it is the
applicable legal principle, properly identified, that carries
precedential force.
Question 2
What is the ratio decidendi of a judgment?
A. Every observation made by the judge during the hearing
B. The factual background of the dispute
C. The final order without reference to the reasoning
D. The legal principle necessary for the decision
Rationale: The ratio decidendi is the legal reasoning or principle
necessary to reach the court's decision. It is distinguished from
obiter dicta, which are observations that are not necessary to
determine the dispute. Correctly identifying the ratio is essential
when determining whether a judgment establishes a precedent
that must be followed.
Question 3
A High Court is considering a legal issue that has already been
authoritatively decided by the Supreme Court of Appeal. The
,earlier SCA decision is directly applicable. What should the High
Court ordinarily do?
A. Ignore the SCA decision because the High Court has its own
jurisdiction.
B. Follow only decisions of other High Courts.
C. Apply the binding principle established by the SCA unless a
recognised legal basis exists for not doing so.
D. Refer every such matter automatically to the Constitutional
Court.
Rationale: The judicial hierarchy determines the binding force of
precedent. The SCA is superior to the High Court, so a High
Court ordinarily must follow an applicable SCA decision. The
mere fact that the High Court disagrees with the reasoning does
not ordinarily permit it to disregard binding precedent.
Question 4
Which statement most accurately describes obiter dictum?
A. It is always binding on every lower court.
B. It is a judicial observation that is not necessary for deciding
the case.
C. It is the operative part of the court order.
D. It is evidence presented by a witness.
, Rationale: Obiter dicta are comments or observations made by
a court that are not essential to the determination of the
dispute. They do not ordinarily possess the binding force of ratio
decidendi, although a carefully reasoned observation by a
superior court may nevertheless have persuasive value.
Question 5
An attorney finds a previous case whose facts are similar to the
present matter but whose legal principle does not actually
govern the present dispute. What is the most appropriate
approach?
A. Treat the earlier case as automatically binding.
B. Ignore all previous cases because the facts are not identical.
C. Analyse whether the legal principle in the earlier case
applies to the material facts of the current case.
D. Use the case merely because it has a favourable outcome.
Rationale: Precedent is not determined simply by factual
resemblance. The lawyer must identify the material facts,
determine the ratio decidendi and then assess whether that
principle governs the present dispute. A superficial similarity
between cases is insufficient to establish that precedent is
binding.
