Judicial Precedent | AQA A-Level Law (7162)
Judicial Precedent
- 35 questions
- 3 subtopics
- The nature of law and the English legal system, 25 marks on every paper
- Paper 1, Paper 2 and Paper 3
Binding and persuasive precedent, the hierarchy of the courts, and the ways a court may avoid a precedent by overruling, distinguishing or departing from it..
It covers precedent and the Court Hierarchy, overruling, Distinguishing and Persuasive Precedent and advantages and Disadvantages of Precedent.
Sample questions from Judicial Precedent
Answer each one closed book first, then open the answer.
-
Precedent and the Court Hierarchy
Which court is at the lowest level of the hierarchy for precedent purposes?
Show the answer
The Magistrates' Court. -
Precedent and the Court Hierarchy
What are obiter dicta?
Show the answer
Statements made 'by the way' in a judgment that are not essential to the decision; they are persuasive but not binding on future courts. -
Overruling, Distinguishing and Persuasive Precedent
What allows the Supreme Court to depart from its own previous decisions?
Show the answer
The Practice Statement 1966, which allows it to do so when it appears right to do so. -
Overruling, Distinguishing and Persuasive Precedent
How can obiter dicta serve as a source of persuasive precedent?
Show the answer
Although not binding, obiter statements from any court may influence future decisions because they represent judicial thinking on a legal issue. -
Advantages and Disadvantages of Precedent
Why is it said that judicial precedent produces detailed practical rules?
Show the answer
Because legal principles are developed from real disputes and actual facts, creating rules that address practical situations. -
Advantages and Disadvantages of Precedent
What is meant by the retrospective effect of judicial precedent and why is it problematic?
Show the answer
When a court changes the law through overruling, the new rule applies to events that occurred before the decision, potentially affecting people who acted lawfully under the old rule.
The 3 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Precedent and the Court Hierarchy | Recall questions on the doctrine of precedent and on where the Court of Appeal, High Court, Crown Court and County Court sit within it. | 13 |
| Overruling, Distinguishing and Persuasive Precedent | Recall questions on following, overruling and distinguishing, how the Supreme Court and Court of Appeal may depart from their own decisions, original precedent, and persuasive sources such as obiter dicta, lower courts, other jurisdictions and dissents. | 12 |
| Advantages and Disadvantages of Precedent | Recall questions on how precedent brings consistency, certainty, flexibility, practical rules and saved time, and on its rigidity, the volume of case law, retrospective effect, dependence on litigation and illogical distinctions. | 10 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
-
Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
-
Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
-
Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
AQA A-Level Law Active Recall Guide
Every topic, not just this one. 2,352 questions with their answers.