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Judicial Systems and Precedent Principles Quiz

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Which legal system relies heavily on previous court decisions and case law?

Common law system

Explanation

Relies on precedent and case law for decision-making.

What is the Latin term commonly used to refer to a court decision that establishes a principle or rule?

Stare decisis

Explanation

Court decision setting a precedent.

What is the term for a legal principle or rule that has been established through repeated court decisions?

Precedent

Explanation

Established legal principle from past cases.

Which of the following is a characteristic of a binding precedent?

It must be followed by courts of equal or lower status

Explanation

Mandatory adherence by lower courts.

What is the term for a judicial decision made by a higher court that sets a precedent for lower courts to follow in similar cases?

Binding decision

Explanation

Establishes precedent for lower courts.

Which of the following is NOT a primary source of law in the common law system?

Regulations

Explanation

Not a source of common law.

In the context of precedent, what does 'ratio decidendi' refer to?

The reason for the decision

Explanation

The legal reasoning behind a decision.

What is the term for a legal decision that does not establish a binding precedent?

Dictum

Explanation

Non-binding legal decision.

In which type of legal system is precedent considered less important compared to legislation?

Civil law system

Explanation

Precedent has less weight compared to legislation.

#10

What is the term for a precedent that is considered as a guiding or persuasive authority but is not binding on the court?

Persuasive precedent

Explanation

Influential but non-binding precedent.

#11

In the common law system, what is the term for a court decision that agrees with the precedent and upholds the previous decision?

Affirming

Explanation

Agreement with and support of precedent.

#12

Which term refers to a situation where a court decides not to apply a precedent in a particular case?

Distinguishing

Explanation

Differentiating current case from precedent.

#13

Which of the following is NOT a method used by courts to avoid or distinguish precedent?

Stare decisis

Explanation

Stare decisis is a principle of precedent.

#14

Which doctrine allows a court to refuse to follow precedent when it believes the precedent is wrongly decided or inapplicable to the current case?

Judicial activism

Explanation

Court discretion to depart from precedent.

#15

In legal terms, what is 'per incuriam'?

A decision made in error or ignorance

Explanation

Decision made in error or ignorance of law.

#16

Which principle allows courts to modify or adapt precedents to fit the circumstances of a new case?

Distinguishing

Explanation

Adaptation of precedent to new circumstances.

#17

Which of the following is a concept often associated with the doctrine of stare decisis?

Predictability and stability in the law

Explanation

Aims for consistency and reliability.

Judicial Systems and Precedent Principles Quiz

Which legal system relies heavily on previous court decisions and case law?

What is the Latin term commonly used to refer to a court decision that establishes a principle or rule?

What is the term for a legal principle or rule that has been established through repeated court decisions?

Which of the following is a characteristic of a binding precedent?

What is the term for a judicial decision made by a higher court that sets a precedent for lower courts to follow in similar cases?

Which of the following is NOT a primary source of law in the common law system?

In the context of precedent, what does 'ratio decidendi' refer to?

What is the term for a legal decision that does not establish a binding precedent?

In which type of legal system is precedent considered less important compared to legislation?

What is the term for a precedent that is considered as a guiding or persuasive authority but is not binding on the court?

In the common law system, what is the term for a court decision that agrees with the precedent and upholds the previous decision?

Which term refers to a situation where a court decides not to apply a precedent in a particular case?

Which of the following is NOT a method used by courts to avoid or distinguish precedent?

Which doctrine allows a court to refuse to follow precedent when it believes the precedent is wrongly decided or inapplicable to the current case?

In legal terms, what is 'per incuriam'?

Which principle allows courts to modify or adapt precedents to fit the circumstances of a new case?

Which of the following is a concept often associated with the doctrine of stare decisis?

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