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Test: What are Precedents and Precedents as a Source of Law - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: What are Precedents and Precedents as a Source of Law

Test: What are Precedents and Precedents as a Source of Law for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: What are Precedents and Precedents as a Source of Law questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: What are Precedents and Precedents as a Source of Law MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: What are Precedents and Precedents as a Source of Law below.
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Test: What are Precedents and Precedents as a Source of Law - Question 1
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What is the primary purpose of a legal precedent in the judicial system?

Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 1
Legal precedents serve as a crucial foundation for the legal system by offering a framework for consistent decision-making and the interpretation of law. They provide guidance to judges in deciding current cases based on past decisions, ensuring a level of predictability and uniformity in legal outcomes.
Test: What are Precedents and Precedents as a Source of Law - Question 2
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How do lawyers typically utilize legal precedents in their practice?

Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 2
Lawyers often use legal precedents in their practice by citing relevant decisions to support their legal positions and interpretations. By referring to past court rulings, lawyers can strengthen their arguments and provide a legal basis for their case, increasing their chances of success in court.
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Test: What are Precedents and Precedents as a Source of Law - Question 3
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Why is it essential for judges to consider past decisions when handling current cases?

Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 3
Judges consider past decisions when handling current cases to guide their decisions and ensure consistency in the legal system. By looking at how similar cases were decided in the past, judges can apply established legal principles, promote fairness, and maintain uniformity in the interpretation and application of the law.
Test: What are Precedents and Precedents as a Source of Law - Question 4
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What is the primary purpose of the doctrine of precedent in the legal system?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 4
The primary purpose of the doctrine of precedent in the legal system is to guide present and future judicial rulings based on past decisions. This ensures clarity, consistency, and reliability in the law by using established legal principles from previous court judgments as authoritative guidelines for resolving similar legal issues in subsequent cases.
Test: What are Precedents and Precedents as a Source of Law - Question 5
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How does stare decisis contribute to the legal system?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 5
Stare decisis, which means that similar cases should be decided in a manner consistent with past decisions, contributes to the legal system by ensuring that there is uniformity in decisions and maintaining consistency in the application of the law. This principle helps in saving time and promoting predictability in legal outcomes.
Test: What are Precedents and Precedents as a Source of Law - Question 6
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Why do judges rely on precedents when making decisions?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 6
Judges rely on precedents when making decisions to ensure that they are well-informed by examining how similar cases with comparable facts were resolved in the past. This practice helps judges in applying established legal principles and maintaining consistency in the interpretation and application of the law.
Test: What are Precedents and Precedents as a Source of Law - Question 7
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Why is the clear enunciation of legal principles in court decisions considered essential?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 7
The clear enunciation of legal principles in court decisions is crucial as it helps in establishing a reliable framework for interpreting and applying the law. This clarity ensures that legal decisions are predictable and consistent, providing certainty to individuals involved in legal matters. It also facilitates the organic development of the law by setting a precedent for future cases based on well-defined principles.
Test: What are Precedents and Precedents as a Source of Law - Question 8
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When applying a precedent to a new case, what do judges primarily focus on to determine the true principle established by the precedent?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 8
Judges primarily focus on the reasoning behind a decision when applying a precedent to a new case. By understanding the underlying legal principles rather than isolated words or phrases from the previous judgment, judges can determine the true principle established by the precedent. This approach helps in maintaining the integrity of the legal system and ensures that justice is upheld in subsequent cases.
Test: What are Precedents and Precedents as a Source of Law - Question 9
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How does the proper interpretation and application of precedents contribute to the legal system?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 9
The proper interpretation and application of precedents play a vital role in maintaining the integrity of the legal system. By following established legal principles and precedents, the legal system ensures consistency, predictability, and fairness in judicial decisions. This practice helps in upholding the rule of law and promoting justice in subsequent cases, thereby strengthening the foundation of the legal system.
Test: What are Precedents and Precedents as a Source of Law - Question 10
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How do legal scholars like Salmond view the influence of judicial precedents on the common law system?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 10
Legal scholars like Salmond view the common law of England as largely fashioned by the decisions of English judges over time. This perspective underscores the significant impact that judicial precedents have had on shaping the legal landscape within common law systems.
Test: What are Precedents and Precedents as a Source of Law - Question 11
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According to Blackstone, why is it important to respect past precedents in the administration of justice?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 11
Blackstone emphasizes the importance of respecting past precedents to maintain consistency and stability in the administration of justice. By upholding established legal decisions, the legal system can ensure predictability and coherence in its rulings, contributing to the overall integrity of the judicial process.
Test: What are Precedents and Precedents as a Source of Law - Question 12
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According to Article 141 of the Constitution, what does it establish regarding decisions made by the Supreme Court in India?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 12
Article 141 of the Constitution unequivocally establishes that decisions made by the Supreme Court are binding on all courts within India. This means that lower courts, including High Courts, are mandated to adhere to and apply the rulings set forth by the Supreme Court. It ensures a uniform application of legal principles and maintains consistency in the judicial system, fostering legal certainty and stability across the nation.
Test: What are Precedents and Precedents as a Source of Law - Question 13
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In which case did the Supreme Court emphasize its authority to review and deviate from prior decisions, especially concerning fundamental rights?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 13
The correct answer is Option B: Sajjan Singh v. the State of Rajasthan. In this case, the Supreme Court underscored its power to review and depart from earlier decisions, particularly in matters impacting fundamental rights. This highlights the Court's ability to reassess past judgments if errors or adverse effects on the public interest are identified, even after a significant period has passed.
Test: What are Precedents and Precedents as a Source of Law - Question 14
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What type of precedent is binding on judges regardless of their personal views?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 14
Absolute Precedents are binding on judges regardless of their personal views. This means that judges are obligated to follow these precedents in their decisions, irrespective of their own opinions or beliefs. It ensures consistency and predictability in the legal system, promoting fairness and equality in the application of the law.
Test: What are Precedents and Precedents as a Source of Law - Question 15
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When can Conditional Precedents be disregarded by judges?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 15
Conditional Precedents can be disregarded by judges in exceptional circumstances. These circumstances typically involve unique or extraordinary situations where following the precedent would lead to unjust or impractical outcomes. Judges have the discretion to deviate from conditional precedents when necessary to serve the interests of justice.
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