Advantages and Disadvantages of Judicial Precedent (OCR A-Level Law): Quizzes

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Advantages and Disadvantages of Judicial Precedent
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What does the Latin phrase 'stare decisis' mean?

Let the decision stand

How does certainty from precedent promote alternative dispute resolution (ADR)?

Parties assess likely outcomes & may settle

What principle does consistency in precedent follow?

Like cases are decided alike

What is ratio decidendi?

Legal reasoning binding on future courts

What does the Practice Statement 1966 allow?

Supreme Court departing from own precedents

What did R v R (1991) establish about rape within marriage?

It is a criminal offence

What problem does rigidity in precedent create?

Individual justice may be restricted

What problem do R v Brown (1993) and R v Wilson (1996) illustrate?

Illogical distinctions on minor points

How was the bad precedent in DPP v Smith (1961) corrected?

Criminal Justice Act 1967 by Parliament

Could justice work without a system of precedent?

No - consistency & predictability needed

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