Language focus

A Notice the construction of the different types of phrase with bind, binding and bound:

to be bound TO	+ infinitive
to be bound BY	+ noun
to be binding ON	+ noun
to bind	+ noun

Lower courts are bound to follow House of Lords decisions

Lower courts are bound by House of Lords decisions

House of Lords decisions are binding on lower courts

House of Lords decisions bind lower courts

Complete the following sentences correctly using a phrase with bind, bound, or binding. Translate them into Russian.

1 Divisional Courts _____ by Court of Appeal decisions on questions of law.

2 In general the Court of Appeal _____ follow its own decisions.

3 A Court of Appeal decision given per incuriam* _____ on the Court of Appeal in a later case.

4 Court of Appeal decisions _____ the House of Lords.

5 The Court of Appeal _____ decide which of two conflicting decisions of its own it will follow.

6 The Court of Appeal _____ (not) follow a decision of its own if given per incuriam.

7 A divisional court _____ byits own previous decisions.

8 Divisional Court decisions _____ judges of first instance.

9 A decision of an overseas court _____ (not) onan English court.

* per incuriam лат. в результате неосторожности

B Complete the sentences using should, ought to, must, or may.

1 An English court _____ to followthe unanimous judgtment of the higher Scottish courts.

2 The laws of England and Scotland _____ be uniform

3 _____ the laws of England and Scotland be uniform?

4 It is desirable that interpretations _____ be avoided.

5 The decisions of the Court of Appeal upon questions of law _____ be followed by Divisional Courts and courts of first instance.

6 A decision of the House of Lords, when founded on principle and not on authority, _____ be regarded as applicable to both countries.

7 A decision of an overseas court in a common law country is not of course binding on an English court, but _____ be useful as a guide to the court to which it is cited.

8 English courts _____ be in keeping with United States courts on carriage by sea and carriage by air.

9 It is desirable that the great common law jurisdictions _____ not differ lightly, particularly on so universal a matter as commercial law.

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