#1
Which of the following best describes the concept of legal precedent?
A guiding principle derived from previous legal cases
ExplanationLegal precedent serves as guidance from past cases.
#2
In common law systems, what is the significance of stare decisis?
It ensures consistency and stability in legal decisions
ExplanationStare decisis maintains consistency in common law.
#3
Which term refers to a legal principle that higher courts are bound to follow the decisions of lower courts on the same legal issues?
Precedential authority
ExplanationHigher courts follow lower courts' decisions on the same issue.
#4
What is the primary purpose of distinguishing a legal precedent?
To apply the precedent to a different set of facts
ExplanationDistinguishing allows applying precedent to new cases.
#5
What is the term for a legal principle that allows courts to adapt the law to new circumstances and changing societal values?
Judicial activism
ExplanationJudicial activism adapts law to changing circumstances.
#6
Which of the following is NOT a type of legal precedent?
Declarative precedent
ExplanationDeclarative precedent is not a recognized type.
#7
In which legal system are judges bound by strict adherence to precedent?
Common law system
ExplanationCommon law judges strictly follow precedent.
#8
Which doctrine holds that courts should generally follow precedents in similar cases unless there are compelling reasons not to do so?
Doctrine of stare decisis
ExplanationCourts adhere to precedents unless compelling reasons arise.
#9
Under what circumstances might a court depart from established precedent?
If there is a significant change in societal values
ExplanationCourts may deviate due to societal shifts.
#10
In which scenario might a court issue a judgment 'per incuriam'?
When the court makes an error in interpreting a statute
ExplanationPer incuriam occurs when there's an error in interpreting statutes.
#11
What is the term for a legal principle that allows for the rejection of a precedent due to it being decided without considering all relevant legal authorities?
Per incuriam
ExplanationPer incuriam rejects precedent due to incomplete consideration.
#12
What is the term for a situation where a court intentionally ignores or overturns a binding precedent?
Precedential overruling
ExplanationPrecedential overruling occurs when a court overturns precedent.
#13
Which doctrine suggests that decisions should be made based on what is fair and just in the particular situation, rather than on strict adherence to precedent?
Doctrine of equity
ExplanationDoctrine of equity prioritizes fairness over precedent.