Judicial Precedent Quiz

What is the system of law known as in English law where law is developed through case law?

• Statutory law

• International law

• Civil law

• Common law

What are the decisions of judges in cases known as?

• Statutes

• Precedents

• Regulations

• Directives

What does the doctrine of precedent mean?

• Courts must create new law in every case

• Courts must only follow persuasive precedents

• Courts must follow decisions of the courts above

• Courts must ignore previous decisions

What is a binding precedent?

• A decision in an earlier case which is only followed by lower courts

• A decision in an earlier case which does not have to be followed by later cases

• A decision in an earlier case which is not considered as a precedent

• A decision in an earlier case and a higher court which must be followed in later cases

What is the part of the judgment which forms the precedent for future cases known as?

• Stare decisis

• Judgment

• Obiter dicta

• Ratio decidendi

When a judge avoids following a precedent by finding that the material facts of the current case are sufficiently different, it is known as:

• Following

• Overruling

• Distinguishing

• Reversing

What is the advantage of judicial precedent that allows the law to be predictable?

• Consistency

• Certainty

• Precision

• Fairness

What is the disadvantage of judicial precedent that can restrict decisions made in the interests of individual justice?

• Illogical decisions

• Complexity

• Slowness of growth

• Rigidity

What is the disadvantage of judicial precedent that depends on accidents of litigation for the development of the law?

• Illogical decisions

• Rigidity

• Complexity

• Slowness of growth

What is the advantage of judicial precedent that allows the law to evolve to meet changing social attitudes?

• Certainty

• Consistency

• Fairness

• Flexibility