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QLDLegal StudiesQuick questions
Unit 3: Law, governance and change
Quick questions on The doctrine of precedent and courts as law-makers: QCE Legal Studies
5short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is the doctrine of precedent (stare decisis)?Show answer
The doctrine of precedent (in Latin, stare decisis, "to stand by what has been decided") requires courts to follow the legal reasoning of higher courts in similar cases. It promotes:
What is the court hierarchy makes precedent work?Show answer
Precedent depends on a clear hierarchy of courts so that it is known which court binds which.
What is q1?Show answer
Define stare decisis and explain why the court hierarchy is essential to it. [3 marks]
What is q2?Show answer
Distinguish between ratio decidendi and obiter dicta and explain which can be binding. [3 marks]
What is q3?Show answer
Explain two ways a court can avoid being bound by an existing precedent. [4 marks]
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