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Study Guide: The Judicial Committee of the Privy Council: Structure, History, and Jurisdiction

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The Judicial Committee of the Privy Council: Structure, History, and Jurisdiction Study Guide

Historical Origins and Establishment

The Judicial Committee was formally established by the Judicial Committee Act of 1833.

Answer: True

Explanation: The Judicial Committee of the Privy Council was formally constituted by the Judicial Committee Act of 1833, which aimed to regularize the process of hearing appeals previously directed to the monarch-in-council.

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The JCPC evolved directly from the modern UK Supreme Court.

Answer: False

Explanation: The JCPC predates the modern UK Supreme Court. The Supreme Court, established in 2009, took over many of the JCPC's domestic appellate functions, but the JCPC's origins trace back much further to the Privy Council's judicial functions.

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A major issue with the pre-1833 Privy Council Appeals Committee was its requirement for a large quorum, ensuring only experienced judges heard cases.

Answer: False

Explanation: A significant issue with the pre-1833 Privy Council Appeals Committee was its requirement for a small quorum (three members), which could allow less experienced or non-lawyer members to influence judgments, rather than a large quorum of experienced judges.

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Lord Brougham was instrumental in the passage of the Judicial Committee Act 1833.

Answer: True

Explanation: Lord Brougham was a key figure in advocating for and facilitating the passage of the Judicial Committee Act 1833, which formally established the Judicial Committee of the Privy Council.

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The Judicial Committee Act 1833 was enacted to simplify the process of appeals from the United States to the British Crown.

Answer: False

Explanation: The Judicial Committee Act 1833 was enacted to formalize and improve the process for hearing appeals from the British Empire, not specifically from the United States, which had gained independence decades earlier.

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The JCPC took over appellate functions previously handled by the monarch acting alone.

Answer: False

Explanation: The JCPC took over appellate functions previously exercised by the King-in-Council, which was a committee of the Privy Council, rather than the monarch acting entirely alone. This formalized and structured the process.

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The Appeals Committee of the Privy Council, a precursor to the JCPC, heard cases questioning the constitutionality of colonial statutes against royal charters.

Answer: True

Explanation: The Appeals Committee of the Privy Council, a predecessor to the JCPC, did indeed hear cases from colonial courts, including those questioning the constitutionality of colonial statutes against the royal charters that established colonial governance.

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Through which act was the Judicial Committee of the Privy Council formally established?

Answer: The Judicial Committee Act 1833

Explanation: The Judicial Committee Act 1833 formally established the Judicial Committee of the Privy Council, creating a structured body to handle the growing volume and complexity of appeals from across the British Empire.

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Which historical legal body's functions did the JCPC formally take over?

Answer: The King-in-Council

Explanation: The JCPC formally assumed the appellate functions previously exercised by the King-in-Council, which represented the monarch's judicial authority exercised through committees of the Privy Council.

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What was a significant problem with the pre-1833 Privy Council Appeals Committee mentioned in the source?

Answer: It lacked familiarity with diverse colonial legal systems.

Explanation: A significant issue with the pre-1833 Privy Council Appeals Committee was its frequent lack of familiarity with the diverse and complex legal systems of the colonies, which could lead to less informed judgments.

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Which historical legal body's appellate functions were taken over by the JCPC, evolving from the monarch's council?

Answer: The Curia Regis (Royal Council) committees

Explanation: The JCPC evolved from committees of the King's Council (Curia Regis) and the Privy Council, which handled petitions for justice from the monarch's non-English possessions, formalizing these functions into a statutory committee.

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What role did the JCPC play concerning the constitutionality of statutes in the American colonies?

Answer: It heard cases questioning the constitutionality of colonial statutes against royal charters.

Explanation: The Appeals Committee of the Privy Council, a precursor to the JCPC, exercised judicial review powers by hearing cases from American colonies that questioned the constitutionality of colonial statutes against the royal charters defining their powers.

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What was the primary motivation behind the Judicial Committee Act 1833, according to the source?

Answer: To formalize and improve the process for hearing appeals previously handled by the Privy Council.

Explanation: The Judicial Committee Act 1833 was enacted to formalize and improve the process for hearing appeals previously handled by the Privy Council, addressing perceived deficiencies in the earlier, less structured arrangements.

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Jurisdiction and Appellate Scope

The Judicial Committee of the Privy Council (JCPC) functions as the highest court of appeal for all countries within the Commonwealth.

Answer: False

Explanation: The JCPC serves as the highest court of appeal for *several* Commonwealth countries, not all. Its jurisdiction has also significantly diminished over time as nations establish their own final appellate courts.

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Historically, the JCPC was the final court of appeal for the entire British Empire, including the United Kingdom itself.

Answer: False

Explanation: Historically, the JCPC served as the final court of appeal for the entire British Empire, with the significant exception of the United Kingdom itself. Its jurisdiction extended to numerous colonies and dominions.

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The JCPC no longer handles any domestic matters within the United Kingdom.

Answer: False

Explanation: While the UK Supreme Court now handles most domestic appeals, the JCPC retains jurisdiction over specific domestic matters, such as appeals concerning schemes of the Church Commissioners and disputes under the House of Commons Disqualification Act 1975.

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The JCPC hears appeals from territories like Bermuda, Jamaica, and Brunei.

Answer: True

Explanation: The JCPC continues to hear appeals from numerous British Overseas Territories and Commonwealth nations, including Bermuda, Jamaica, and Brunei, among others.

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Most Caribbean Community nations have fully transitioned to the Caribbean Court of Justice (CCJ) as their final court of appeal.

Answer: False

Explanation: While some Caribbean Community nations have transitioned to the CCJ, many still retain the JCPC as their final court of appeal. The transition process has faced significant political and legal challenges in several countries.

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After the handover of Hong Kong, the JCPC remained the ultimate interpreter of the Basic Law.

Answer: False

Explanation: Following the handover of Hong Kong in 1997, the Court of Final Appeal became Hong Kong's highest judicial authority. The ultimate interpretation of the Basic Law rests with China's National People's Congress Standing Committee, not the JCPC.

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The JCPC handles appeals concerning doctrine within the Church of England.

Answer: False

Explanation: While the JCPC hears appeals from ecclesiastical courts concerning non-doctrinal faculty cases and matters related to schemes of the Church Commissioners, it does not handle appeals concerning doctrine within the Church of England.

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The JCPC is the highest court of appeal for all matters within the United Kingdom.

Answer: False

Explanation: The JCPC is the highest court for specific territories and matters, but it is not the highest court for all matters within the United Kingdom. For most domestic UK cases, the Supreme Court of the United Kingdom serves as the ultimate court of appeal.

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What is the primary role of the Judicial Committee of the Privy Council (JCPC)?

Answer: To act as the final court of appeal for several Commonwealth countries, Crown Dependencies, and British Overseas Territories.

Explanation: The JCPC serves as the final court of appeal for numerous jurisdictions, including Commonwealth nations, Crown Dependencies, and British Overseas Territories, continuing a long tradition of judicial oversight.

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Historically, what was the extent of the JCPC's jurisdiction regarding the British Empire?

Answer: It was the court of last resort for the entire British Empire, excluding the UK itself.

Explanation: At its zenith, the JCPC served as the ultimate appellate tribunal for the vast majority of the British Empire, processing appeals from numerous colonies and dominions, though not from the United Kingdom itself.

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Which of the following is an example of a domestic matter still under the JCPC's jurisdiction in the UK?

Answer: Disputes under the House of Commons Disqualification Act 1975.

Explanation: The JCPC retains jurisdiction over specific domestic matters within the UK, including appeals concerning disputes arising under the House of Commons Disqualification Act 1975.

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Which of these countries is listed as a territory from which the JCPC currently hears appeals?

Answer: Tuvalu

Explanation: The JCPC continues to hear appeals from numerous British Overseas Territories and Commonwealth nations, including Tuvalu, among others.

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Which of the following is NOT listed as a domestic matter currently under the JCPC's jurisdiction in the UK?

Answer: Cases involving devolution issues between the UK and devolved administrations.

Explanation: Cases involving devolution issues between the UK and its devolved administrations are now heard by the UK Supreme Court, not the JCPC. Other domestic matters, such as those concerning the Church Commissioners or ecclesiastical courts (on non-doctrinal matters), remain within the JCPC's purview.

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Court Composition and Procedures

Members of the JCPC are known as Justices of the Peace and are always elected officials.

Answer: False

Explanation: Members of the JCPC are typically senior judges, including justices of the UK Supreme Court and senior Commonwealth judges. They are appointed, not elected, and are formally known as Privy Counsellors.

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A typical 'Board' hearing a case at the JCPC consists of three judges.

Answer: False

Explanation: A typical 'Board' hearing a case at the JCPC usually consists of five judges, often including justices of the UK Supreme Court and senior judges from Commonwealth nations.

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The JCPC's 'Board' typically consists of five judges, often including senior judges from Commonwealth nations.

Answer: True

Explanation: The panel of judges, known as 'the Board,' that hears a specific appeal at the JCPC typically comprises five members. These are predominantly justices of the UK Supreme Court, supplemented by senior judges from Commonwealth countries.

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Dissenting opinions were officially permitted by the JCPC starting in 1966.

Answer: True

Explanation: Dissenting opinions have been officially permitted by the JCPC since the Judicial Committee (Dissenting Opinions) Order of 1966. Prior to this, the committee was required to issue unanimous reports.

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The JCPC is strictly bound by its own previous decisions, similar to common law precedent.

Answer: False

Explanation: The JCPC is not strictly bound by its own previous decisions. While it generally adheres to its precedents, it retains the discretion to depart from them in exceptional circumstances.

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Who are the typical members of the JCPC?

Answer: Senior judges, including justices of the UK Supreme Court and senior Commonwealth judges.

Explanation: The members of the JCPC, known as Privy Counsellors, are typically distinguished senior judges. This includes justices currently serving on the UK Supreme Court and eminent judges from various Commonwealth nations.

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What is the usual size of the 'Board' that hears a specific case at the JCPC?

Answer: Five members

Explanation: The panel of judges, known as 'the Board,' that hears a specific appeal at the JCPC typically comprises five members. These are predominantly justices of the UK Supreme Court, supplemented by senior judges from Commonwealth countries.

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Which of the following is true regarding dissenting opinions at the JCPC?

Answer: They have been permitted since the Judicial Committee (Dissenting Opinions) Order of 1966.

Explanation: Dissenting opinions have been officially permitted by the JCPC since the Judicial Committee (Dissenting Opinions) Order of 1966. Prior to this, the committee was required to issue unanimous reports.

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How does the JCPC typically handle its own previous decisions?

Answer: It can depart from them only in exceptional circumstances.

Explanation: The JCPC is not bound by its own prior rulings but typically departs from them only in exceptional circumstances, ensuring consistency while allowing for necessary evolution of legal principles.

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Which of the following is true about the JCPC's relationship with its own prior decisions?

Answer: It is not bound by its own decisions but departs from them rarely.

Explanation: The JCPC is not bound by stare decisis in the same way as domestic courts. It can depart from its own previous decisions, but does so infrequently and only when compelling reasons exist.

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Evolution and Diminishing Role

The JCPC's jurisdiction has expanded significantly in the 21st century as more countries seek its appellate services.

Answer: False

Explanation: The JCPC's jurisdiction has significantly decreased over time as many Commonwealth countries have established their own final courts of appeal, reflecting a trend towards national judicial independence.

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The Balfour Declaration of 1926 led to an increase in the JCPC's direct oversight over Commonwealth members.

Answer: False

Explanation: The Balfour Declaration of 1926 emphasized the autonomy of Commonwealth members, leading to a decrease, rather than an increase, in the JCPC's direct oversight as nations asserted their judicial independence.

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Australia completely abolished appeals to the JCPC through the Australia Act 1986.

Answer: True

Explanation: The Australia Act 1986 served as the legislative mechanism through which Australia completely abolished appeals to the JCPC from its state courts, thereby concluding the final judicial link.

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Canada abolished all appeals to the JCPC in the year 1933.

Answer: False

Explanation: Canada abolished criminal appeals to the JCPC in 1933, but all remaining appeals were only fully abolished in 1949.

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The establishment of independent judicial systems is a primary reason why many Commonwealth countries have moved away from the JCPC.

Answer: True

Explanation: The establishment of robust, independent national judicial systems is indeed a primary driver for many Commonwealth countries choosing to abolish appeals to the JCPC, reflecting a broader trend towards national sovereignty.

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The UK Supreme Court took over all functions previously performed by the JCPC.

Answer: False

Explanation: The UK Supreme Court took over many of the JCPC's domestic appellate functions upon its establishment in 2009. However, the JCPC continues to operate for its overseas and Commonwealth jurisdictions.

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The creation of the UK Supreme Court in 2009 transferred all JCPC's appellate functions to it.

Answer: False

Explanation: The establishment of the UK Supreme Court in 2009 transferred a significant portion of the JCPC's domestic appellate functions to the new court. However, the JCPC retained its jurisdiction over appeals from various Commonwealth countries and overseas territories.

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Antigua and Barbuda voted in 2018 to replace the JCPC with the Caribbean Court of Justice (CCJ).

Answer: False

Explanation: In the 2018 constitutional referendum, Antigua and Barbuda voted *against* replacing the JCPC with the Caribbean Court of Justice (CCJ), thus maintaining the JCPC as its final court of appeal.

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New Zealand abolished appeals to the JCPC in 2003, establishing its own Supreme Court.

Answer: True

Explanation: New Zealand abolished appeals to the JCPC in 2003, subsequently establishing the Supreme Court of New Zealand as its final court of appeal.

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The Australia Act 1986 severed the final judicial link between Australia and the JCPC.

Answer: True

Explanation: The Australia Act 1986 definitively severed the final judicial link between Australia and the JCPC by abolishing appeals from Australian state courts, thereby concluding Australia's appellate relationship with the Privy Council.

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Legal challenges in Saint Lucia successfully prevented the transition to the Caribbean Court of Justice (CCJ).

Answer: False

Explanation: While legal challenges arose in Saint Lucia concerning the transition to the Caribbean Court of Justice (CCJ), they highlighted the complexities and potential delays involved, rather than definitively and successfully preventing the transition in all circumstances.

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The Statute of Westminster 1931 removed legal barriers for dominions wishing to abolish appeals to the Privy Council.

Answer: True

Explanation: The Statute of Westminster 1931 confirmed the legislative autonomy of Commonwealth dominions, thereby removing legal impediments that had previously hindered their ability to abolish appeals to the Privy Council.

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Why has the JCPC's jurisdiction significantly decreased over time?

Answer: Most Commonwealth countries have established their own final courts of appeal.

Explanation: The JCPC's jurisdiction has substantially decreased as many former dominions and colonies have established their own independent final courts of appeal, reflecting their national sovereignty and judicial independence.

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How did the Balfour Declaration of 1926 influence the JCPC's role?

Answer: It emphasized the autonomy of Commonwealth members regarding judicial appeals.

Explanation: The Balfour Declaration of 1926, which recognized the autonomy of Commonwealth members, signaled a shift towards self-determination, influencing the JCPC's role by underscoring that judicial appeals should align with the wishes of the respective territories.

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What was the effect of the Australia Act 1986 on JCPC jurisdiction?

Answer: It abolished appeals from Australian state courts to the JCPC.

Explanation: The Australia Act 1986 abolished appeals from Australian state courts to the JCPC, effectively severing the final judicial connection between Australia and the Privy Council.

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When did Canada completely abolish appeals to the JCPC?

Answer: 1949

Explanation: Canada completely abolished all appeals to the Judicial Committee of the Privy Council in 1949, marking a final step in severing its highest appellate link to the UK.

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The establishment of the UK Supreme Court in 2009 primarily affected the JCPC by:

Answer: Transferring most of the JCPC's domestic appellate functions to the new court.

Explanation: The establishment of the UK Supreme Court in 2009 transferred a significant portion of the JCPC's domestic appellate functions to the new court, thereby reducing its domestic caseload.

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What challenges have some Caribbean Community nations faced in transitioning to the Caribbean Court of Justice (CCJ)?

Answer: Political and legal hurdles have complicated the change, with some referendums rejecting it.

Explanation: Several Caribbean Community nations have encountered significant political and legal hurdles in transitioning to the Caribbean Court of Justice (CCJ) as their final court of appeal. These challenges have included public referendums rejecting the move, underscoring complex national debates about judicial sovereignty.

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What was the significance of the Statute of Westminster 1931 concerning JCPC appeals?

Answer: It confirmed legislative autonomy and removed barriers for dominions to abolish JCPC appeals.

Explanation: The Statute of Westminster 1931 significantly affirmed the legislative autonomy of Commonwealth dominions, effectively removing any legal obstacles that might have prevented them from abolishing appeals to the Judicial Committee of the Privy Council.

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What was the outcome of the 2018 Antiguan constitutional referendum concerning the JCPC?

Answer: The referendum rejected the proposal to replace the JCPC with the CCJ.

Explanation: The 2018 constitutional referendum in Antigua and Barbuda resulted in the rejection of a proposal to replace the JCPC with the Caribbean Court of Justice (CCJ) as the nation's final court of appeal.

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Relationship with UK Domestic Law

Judgments from the JCPC are strictly binding on all UK courts.

Answer: False

Explanation: Judgments from the JCPC are not strictly binding on UK courts; they typically carry persuasive authority. UK courts are bound by precedents set by the UK Supreme Court and other domestic appellate courts.

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JCPC decisions have the same binding legal weight in UK courts as decisions from the UK Supreme Court.

Answer: False

Explanation: JCPC decisions generally carry only persuasive authority in UK domestic courts, unlike decisions from the UK Supreme Court, which are binding on lower courts. UK courts are bound by their own domestic hierarchy of precedent.

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What is the nature of JCPC decisions within the United Kingdom's domestic courts?

Answer: They have only persuasive authority.

Explanation: Within the United Kingdom's domestic court system, JCPC decisions are considered to have persuasive authority, meaning they are influential but not strictly binding. UK courts are bound by precedents set by the UK Supreme Court and other domestic appellate courts.

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In the context of UK courts, what does 'persuasive authority' of a JCPC decision mean?

Answer: The decision is influential but not strictly binding.

Explanation: Persuasive authority means that while a JCPC decision is highly respected and often followed by UK courts due to the caliber of its judges, it does not carry the same binding legal weight as a precedent set by the UK's own domestic superior courts like the Supreme Court. UK courts are generally bound by their own domestic hierarchy of precedent.

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Modern Administration and Operations

In Commonwealth realms retaining the JCPC, the monarch's decision, advised by the committee, is considered the final judgment.

Answer: True

Explanation: In Commonwealth realms where the JCPC serves as the final court of appeal, appeals are formally made to 'His Majesty in Council.' The monarch, acting upon the advice of the Judicial Committee, issues the final judgment.

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The JCPC has always been exclusively based in London and has never held sittings elsewhere.

Answer: False

Explanation: While primarily based in London, the JCPC has, on occasion, held sittings in other locations, such as Mauritius and the Bahamas, to enhance accessibility for specific jurisdictions.

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The official website for the Judicial Committee of the Privy Council is www.jcpc.gov.uk.

Answer: False

Explanation: The official website for the Judicial Committee of the Privy Council is jcpc.uk.

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The JCPC occasionally sitting outside London is a recent development aimed at increasing accessibility.

Answer: True

Explanation: The practice of the JCPC occasionally holding sittings outside of London represents a recent development aimed at improving accessibility and engagement with the jurisdictions from which appeals originate.

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The Privy Council Chamber in Downing Street is the current primary meeting place for the JCPC.

Answer: False

Explanation: The Privy Council Chamber in Downing Street was historically the primary meeting place for the JCPC. Since 2009, the JCPC has convened in the refurbished Middlesex Guildhall building.

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The Clerk of the Privy Council is primarily responsible for delivering judgments in JCPC cases.

Answer: False

Explanation: The Clerk of the Privy Council is an administrative officer responsible for managing the Council's business. The delivery of judgments in JCPC cases is the responsibility of the judicial members of the Committee, who form the 'Board'.

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Practice Direction 1, found on the JCPC website, details the court's procedural rules.

Answer: True

Explanation: Practice Direction 1, accessible via the JCPC's official website, provides essential guidance on the court's procedural rules and requirements for litigants.

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Where is the JCPC primarily based, and where does it meet since 2009?

Answer: Based in London; meets in the refurbished Middlesex Guildhall building.

Explanation: The JCPC is primarily based in London. Since the establishment of the UK Supreme Court in 2009, the JCPC has met in the refurbished Middlesex Guildhall building, sharing the premises with the Supreme Court.

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What is the official web address for the Judicial Committee of the Privy Council?

Answer: www.jcpc.uk

Explanation: The official web address for the Judicial Committee of the Privy Council is jcpc.uk.

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