#1
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.
ExplanationLegal precedent is a rule from a prior case that influences current decisions.
#2
What is stare decisis?
A Latin term meaning 'to stand by things decided.'
ExplanationStare decisis is the principle of adhering to previous court decisions.
#3
What is the primary purpose of using legal precedent in judicial decision-making?
To ensure consistency and predictability in the law
ExplanationLegal precedent aims to maintain consistency and predictability in judicial decisions.
#4
Which of the following is NOT a type of legal precedent?
Irrelevant precedent
ExplanationIrrelevant precedent does not exist as a valid legal category.
#5
In which legal system is precedent most commonly used?
Common law system
ExplanationCommon law relies heavily on precedent for decision-making.
#6
What is the difference between binding precedent and persuasive precedent?
Binding precedent must be followed by a court, while persuasive precedent is only considered and may be rejected.
ExplanationBinding precedent is mandatory; persuasive precedent is only influential and can be rejected.
#7
What is the term for a legal decision that overrules a previous precedent?
Overruling
ExplanationOverruling occurs when a court decides to overturn a precedent.
#8
Which country is known for its reliance on a civil law system rather than a common law system?
Germany
ExplanationGermany relies on a civil law system, not a common law system.
#9
What term is used to describe a situation where a court decides to uphold a precedent despite disagreeing with it?
Stare decisis
ExplanationStare decisis is when a court upholds a precedent even if it disagrees with it.
#10
What is the role of dissenting opinions in legal precedent?
They provide alternative viewpoints and may influence future decisions.
ExplanationDissenting opinions offer alternative perspectives that can shape future rulings.
#11
In which situation might a court engage in distinguishing a precedent?
When the facts of the current case differ from the facts of the precedent case in a significant way
ExplanationDistinguishing a precedent happens when current case facts differ significantly from the precedent.
#12
What is the significance of obiter dicta in legal precedent?
They are statements made by judges that are not crucial to the outcome of the case and do not establish legal precedent.
ExplanationObiter dicta are non-binding statements that don't set legal precedent.
#13
Under what circumstances might a court depart from precedent?
If adhering to the precedent would create unjust results or would be impractical
ExplanationCourts may depart from precedent if it leads to unjust outcomes or is impractical.
#14
What is the term for a situation where a court deliberately ignores or refuses to apply a binding precedent?
Overruling
ExplanationOverruling occurs when a court intentionally ignores or rejects a binding precedent.
#15
Which of the following statements best describes the role of precedent in a civil law system?
Precedent is rarely considered in decision-making.
ExplanationIn civil law systems, precedent is infrequently considered in decision-making.