A Trial Judge in Manitoba Has Heard a Case Dealing

question 29

Multiple Choice

A trial judge in Manitoba has heard a case dealing with a particular issue.Which of the following statements is TRUE according to the doctrine of precedent?

• A)If there are no binding precedents,the judge may consider cases from anywhere in the world,and decide the case based on the extension or modification of established principles of law,thus creating a new precedent.
• B)If there are no precedents,the judge is not entitled to decide the case,and therefore must refer the matter to the legislature because of the doctrine of parliamentary supremacy.
• C)If there are conflicting precedents from the Court of Appeal of Ontario and the Court of Appeal of Saskatchewan,the judge must follow the former,because it comes from a jurisdiction with a larger population.
• D)If there are conflicting precedents from the Court of Appeal of Ontario and a trial court in the Bahamas,the judge must follow the former because it is Canadian.
• E)If there are no other precedents,the judge is required to follow a decision of the Alberta Court of Appeal.

---

Definitions:

Slip Splines

Used on a drive shaft (propeller shaft) stub and yoke assembly to permit variations in length caused by frame and suspension oscillations while transmitting drive torque.

Transmission Yoke

A mechanical component that connects the transmission output shaft to the driveshaft in a vehicle, allowing for the transfer of torque.

Driveshaft Speeds

The rotational speed of the driveshaft, which translates engine power to motion in a vehicle, varying with engine speed and gear selection.

Overdrive

Any drivetrain arrangement in which an output speed exceeds input speed. For instance, most transmissions have overdrive ratio options, meaning that transmission tailshaft speed exceeds engine crankshaft speed.