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Review Your SQE 1 Practice Records

Examination Timing: 00H00M10S

Which of the following is not a form of persuasive authority?

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You have chosen the incorrect answer.
Your selected option: D

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Judgments from the Court of Justice of the European Union (CJEU) are binding on UK courts in matters of EU law and are not merely persuasive. Conversely, decisions from other countries, academic commentary, judgments from the European Court of Human Rights, and obiter dicta (comments made by a judge that are not essential to the decision) are considered persuasive authority, which may influence but do not bind the court.

Key Point: Differentiating between binding and persuasive authorities is crucial for legal reasoning and argumentation, ensuring that legal practitioners apply the appropriate level of authority in their cases.

Collect Question

A and D seems wrong , the judgement EUCJ is not binding, but ECHR is binding

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CELE SQE PASS wishes from Lucky Lion_

Thank you for your question. Let’s clarify the concepts:

Judgments from the Court of Justice of the European Union (CJEU) were binding on UK courts for matters of EU law while the UK was a member of the EU. However, post-Brexit, these judgments are no longer binding on UK courts but can still be considered as persuasive authority.

Judgments from the European Court of Human Rights (ECHR) influence UK law but are not binding. Instead, they are persuasive and guide but do not compel UK courts.

Given this understanding, let's revisit your options:

1. **Judgments from the CJEU** - Post-Brexit, these are persuasive, not binding.
2. **Decisions from other countries** - Clearly persuasive.
3. **Academic commentary** - Persuasive.
4. **Judgments from the ECHR** - Persuasive, not binding.
5. **Obiter dicta** - Persuasive.

Therefore, the correct answer is that judgments from the CJEU can be particularly tricky because of the Brexit context, but for your exam, understand they are now persuasive rather than binding in the current legal landscape.

You are doing a great job grasping these complex concepts. Keep up your effort and study!

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