Which of the following best defines legal precedent?
A principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
A decision made by a judge without considering previous cases.
A guideline provided by the legislature for judicial decision-making.
An opinion expressed by a legal expert on a particular case.
#2
What is stare decisis?
A Latin term meaning 'to stand by things decided.'
A legal doctrine that obligates courts to follow historical cases when making rulings on similar cases.
A principle that allows courts to disregard previous decisions if they feel it necessary for justice.
A rule allowing judges to rule on cases based solely on their own discretion.
#3
What is the primary purpose of using legal precedent in judicial decision-making?
To ensure consistency and predictability in the law
To prioritize the opinions of senior judges
To allow judges to make decisions based on personal beliefs
To speed up the judicial process
#4
Which of the following is NOT a type of legal precedent?
Binding precedent
Persuasive precedent
Stare decisis
Irrelevant precedent
#5
In which legal system is precedent most commonly used?
Civil law system
Common law system
Religious legal system
Customary law system
#6
What is the difference between binding precedent and persuasive precedent?
Binding precedent applies only to appellate courts, while persuasive precedent applies to trial courts.
Binding precedent must be followed by a court, while persuasive precedent is only considered and may be rejected.
Binding precedent originates from higher courts, while persuasive precedent comes from lower courts.
There is no difference; the terms are interchangeable.
#7
What is the term for a legal decision that overrules a previous precedent?
Stare decisis
Obiter dictum
Distinguishing
Overruling
#8
Which country is known for its reliance on a civil law system rather than a common law system?
United States
United Kingdom
Germany
Australia
#9
What term is used to describe a situation where a court decides to uphold a precedent despite disagreeing with it?
Binding
Stare decisis
Following
Respecting
#10
What is the role of dissenting opinions in legal precedent?
They have no role in legal precedent.
They can become binding precedent if the majority of judges agree.
They provide alternative viewpoints and may influence future decisions.
They are only considered when the case is appealed to a higher court.
#11
In which situation might a court engage in distinguishing a precedent?
When the precedent is irrelevant to the current case
When the precedent is from a lower court
When the facts of the current case differ from the facts of the precedent case in a significant way
When the precedent has been overruled by a higher court
#12
What is the significance of obiter dicta in legal precedent?
They are binding on future cases.
They are statements made by judges that are not crucial to the outcome of the case and do not establish legal precedent.
They can only be found in dissenting opinions.
They are used as persuasive precedent.
#13
Under what circumstances might a court depart from precedent?
If the precedent was set by a unanimous decision
If adhering to the precedent would create unjust results or would be impractical
Only if the case involves constitutional issues
If the precedent has been in place for less than five years
#14
What is the term for a situation where a court deliberately ignores or refuses to apply a binding precedent?
Distinguishing
Overruling
Ignoring
Stare decisis
#15
Which of the following statements best describes the role of precedent in a civil law system?
Precedent is binding on all courts and judges.
Precedent is rarely considered in decision-making.
Precedent is persuasive but not binding on courts.