Judicial Precedent

Question 1

What is judicial precedent?

Answer 1

Judicial precedent is a legal principle where past decisions by courts are used as a basis for deciding similar future cases.

Question 2

True or False: Judicial precedent is only applicable in criminal law.

Answer 2

False

Question 3

What is the doctrine of stare decisis?

Answer 3

The doctrine of stare decisis is the principle that courts should follow precedents set by previous decisions.

Question 4

Fill in the blank: The hierarchy of the courts in the UK establishes the ______ of judicial precedents.

Answer 4

binding nature

Question 5

Which court is at the top of the hierarchy in the UK?

Answer 5

The Supreme Court

Question 6

What is the significance of the Court of Appeal in judicial precedent?

Answer 6

The Court of Appeal’s decisions are binding on lower courts.

Question 7

True or False: A decision from the House of Lords is not binding on the Supreme Court.

Answer 7

True

Question 8

What are the two types of precedent?

Answer 8

Binding precedent and persuasive precedent.

Question 9

What is binding precedent?

Answer 9

Binding precedent is a legal decision that must be followed by lower courts in the same hierarchy.

Question 10

What is persuasive precedent?

Answer 10

Persuasive precedent is a decision that is not binding but can influence a court’s decision.

Question 11

Fill in the blank: The ______ rule allows judges to distinguish a case from previous precedents.

Answer 11

distinguishing

Question 12

Which case established the principle of binding precedent in the UK?

Answer 12

Donoghue v. Stevenson (1932)

Question 13

What does the term ‘ratio decidendi’ refer to?

Answer 13

Ratio decidendi refers to the legal reasoning or principle that forms the basis of a court’s decision.

Question 14

What is ‘obiter dicta’?

Answer 14

Obiter dicta are comments made by a judge that are not essential to the decision and do not have binding authority.

Question 15

True or False: All court decisions create binding precedent.

Answer 15

False

Question 16

What role does the Supreme Court play in judicial precedent?

Answer 16

The Supreme Court can create or overturn binding precedents for lower courts.

Question 17

What is the ‘practice statement’ issued by the House of Lords?

Answer 17

The practice statement allows the House of Lords to depart from its previous decisions.

Question 18

Fill in the blank: The ______ principle allows judges to follow decisions from other jurisdictions as persuasive precedent.

Answer 18

international

Question 19

What is the main advantage of judicial precedent?

Answer 19

It promotes consistency and predictability in the law.

Question 20

What is a disadvantage of judicial precedent?

Answer 20

It can lead to rigidity and may not adapt quickly to social changes.

Question 21

True or False: Judicial precedent can be overruled by legislation.

Answer 21

True

Question 22

What is the role of the High Court in judicial precedent?

Answer 22

The High Court can establish new precedents that are binding on lower courts.

Question 23

Fill in the blank: Courts may also look to ______ decisions for guidance, even if they are not binding.

Answer 23

foreign

Question 24

What is ‘overruling’ in the context of judicial precedent?

Answer 24

Overruling occurs when a higher court decides that a previous decision is incorrect and sets a new precedent.

Question 25

What does it mean to ‘follow’ a precedent?

Answer 25

To follow a precedent means to apply the legal principles established in a previous case to a current case.