4.1.09a The doctrine of precedent

Which of the following is considered to be a weakness of common law?

• There is some flexibility in the operation of the doctrine of precedent.
• The doctrine of precedent can allow the parties to predict what the judge may decide.
• Judges can find laws to be ultra vires.
• Judges make law ex post facto.

The doctrine of precedent allows for flexibility. What is one way in which it does this?

• Judges can avoid following an existing precedent by disapproving of the precedent.
• All options are correct.
• Parliament can codify common law principles.
• Judges can avoid following an existing precedent by distinguishing the material facts.

The doctrine of precedent can sometimes be inflexible because:

• judges in superior courts may be reluctant to reverse or overrule an existing precedent.
• All options are correct.
• the lower courts are restricted in their ability to change precedent.
• judges in courts of the same standing very rarely overrule decisions made by their own courts.

Which case is a good example of a court showing reluctance to overrule a bad precedent?

• Deing v Tarola
• Donoghue v Stevenson
• Davies v Waldron
• State Government Insurance Commission v Trigwell

How does the doctrine of precedent assist the ability of courts to make laws?

• It is often difficult to identify the relevant proceedings.
• It ensures consistency in common law because lower courts must follow precedents set by superior courts.
• Courts can only clarify the meaning of legislation after a dispute has arisen.
• Judges may be reluctant to change an existing precedent.