Worksheets4.1.09a The doctrine of precedent
Total questions: 5
Worksheet time: 3mins
Name
Class
Date
1.
Which of the following is considered to be a weakness of common law?
a)
There is some flexibility in the operation of the doctrine of precedent.
b)
The doctrine of precedent can allow the parties to predict what the judge may decide.
c)
Judges can find laws to be ultra vires.
d)
Judges make law ex post facto.
2.
The doctrine of precedent allows for flexibility. What is one way in which it does this?
a)
Judges can avoid following an existing precedent by disapproving of the precedent.
b)
All options are correct.
c)
Parliament can codify common law principles.
d)
Judges can avoid following an existing precedent by distinguishing the material facts.
3.
The doctrine of precedent can sometimes be inflexible because:
a)
judges in superior courts may be reluctant to reverse or overrule an existing precedent.
b)
All options are correct.
c)
the lower courts are restricted in their ability to change precedent.
d)
judges in courts of the same standing very rarely overrule decisions made by their own courts.
4.
Which case is a good example of a court showing reluctance to overrule a bad precedent?
a)
Deing v Tarola
b)
Donoghue v Stevenson
c)
Davies v Waldron
d)
State Government Insurance Commission v Trigwell
5.
How does the doctrine of precedent assist the ability of courts to make laws?
a)
It is often difficult to identify the relevant proceedings.
b)
It ensures consistency in common law because lower courts must follow precedents set by superior courts.
c)
Courts can only clarify the meaning of legislation after a dispute has arisen.
d)
Judges may be reluctant to change an existing precedent.
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