Judicial Precedent | OCR A-Level Law (H418)
Judicial Precedent
- 38 questions
- 3 subtopics
- Component 2: Law making and the law of tort
- Component 2
How decided cases bind later courts, and the ways a court can escape a precedent..
It covers the doctrine of precedent, the hierarchy of the courts and binding, persuasive and avoiding precedent.
Sample questions from Judicial Precedent
Answer each one closed book first, then open the answer.
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The doctrine of precedent
How does judicial precedent promote consistency and fairness in the law?
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By requiring courts to follow previous decisions in similar cases, ensuring like cases are treated alike. -
The doctrine of precedent
What is meant by 'illogical distinctions' as a criticism of judicial precedent?
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Courts may make artificial or illogical distinctions between cases to avoid following unwanted precedents. -
The hierarchy of the courts
Which court is the highest in the civil court hierarchy?
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The Supreme Court. -
The hierarchy of the courts
What is the status of the Supreme Court within the UK court system, and what effect do its decisions have?
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The Supreme Court is the highest court in the UK, and its decisions bind all lower courts. -
Binding, persuasive and avoiding precedent
What is original precedent?
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Original precedent is created when a court decides a point of law for the first time where no previous precedent exists. -
Binding, persuasive and avoiding precedent
Under Young v Bristol Aeroplane, what happens when there are two conflicting previous Court of Appeal decisions?
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The Court of Appeal may choose which precedent to follow and depart from the other.
The 3 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| The doctrine of precedent | Recall questions on ratio decidendi and obiter dicta, and on the advantages of precedent in consistency, certainty, flexibility and saving time against its disadvantages of complexity, rigidity, illogical distinctions and retrospective effect. | 11 |
| The hierarchy of the courts | Recall questions on stare decisis and why it depends on the court hierarchy, the civil and criminal hierarchies from the County Court and Magistrates' Court up to the Supreme Court, and the appeal routes between them. | 11 |
| Binding, persuasive and avoiding precedent | Recall questions on original, binding and persuasive precedent, overruling, reversing and distinguishing, the Practice Statement 1966, the exceptions in Young v Bristol Aeroplane, per incuriam decisions, and Lord Denning's challenge to stare decisis. | 16 |
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.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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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.
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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
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.