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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

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Test: What are Precedents and Precedents as a Source of Law - Question 1

What is the primary role of judicial precedents in the legal system?

Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 1
Judicial precedents play a crucial role in offering a framework for consistent decision-making in the legal system. They provide a basis for judges to make decisions that are in line with past rulings, promoting uniformity and predictability in legal outcomes. By adhering to precedents, the legal system maintains stability and fairness.
Test: What are Precedents and Precedents as a Source of Law - Question 2

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 2
The doctrine of precedent serves to maintain clarity, consistency, and reliability in the legal system by guiding present and future judicial rulings based on past court decisions. This practice helps in ensuring uniformity in decisions, saving time, and upholding the consistency of legal principles over time.
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Test: What are Precedents and Precedents as a Source of Law - Question 3

What term is used to describe a legal principle established in a previous court judgment that serves as an authoritative guideline for similar legal issues in subsequent cases?

Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 3
A precedent is a legal principle derived from past court judgments that functions as an authoritative guideline for addressing similar legal issues in future cases. This practice is essential for maintaining consistency and predictability in the application of the law.
Test: What are Precedents and Precedents as a Source of Law - Question 4
How does stare decisis contribute to the legal system?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 4
Stare decisis, which means "to stand by things decided," plays a crucial role in the legal system by ensuring that similar cases are decided in a manner consistent with past decisions. This principle helps maintain stability, predictability, and fairness in the application of the law by adhering to established legal precedents.
Test: What are Precedents and Precedents as a Source of Law - Question 5
Why are precedents crucial in judicial decisions?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 5
Precedents are essential in judicial decisions to ensure predictability and consistency in legal matters. They provide a reliable framework for interpreting and applying the law, fostering the organic development of legal principles. By establishing clear enunciation of legal principles, precedents contribute to certainty and stability in the legal system, benefiting individuals seeking justice.
Test: What are Precedents and Precedents as a Source of Law - Question 6
What should be the focus when applying a precedent to a new case?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 6
When applying a precedent to a new case, it is crucial to focus on understanding the underlying legal principles rather than isolated words or phrases from the previous judgment. By considering the reasoning behind a decision, judges can determine the true principle established by the precedent, ensuring proper interpretation and application in subsequent cases.
Test: What are Precedents and Precedents as a Source of Law - Question 7
How do 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 7
Proper interpretation and application of precedents play a vital role in maintaining the integrity of the legal system. They help ensure consistency, predictability, and fairness in judicial decisions, thereby upholding the rule of law. By following established legal principles, the legal system can provide clarity and guidance in resolving disputes and delivering justice effectively.
Test: What are Precedents and Precedents as a Source of Law - Question 8
According to Stobbes, what perspective does he offer regarding judicial precedents?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 8
Stobbes argues that judicial precedents are merely reflections of customary law, not direct sources of law. This perspective challenges the notion that precedents are inherently sources of law themselves. By viewing precedents as reflections of customary law, Stobbes introduces a different understanding of the role and nature of precedents in legal systems.
Test: What are Precedents and Precedents as a Source of Law - Question 9
Why does Blackstone emphasize the importance of respecting past precedents in the administration of justice?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 9
Blackstone stresses the significance of respecting past precedents to maintain consistency and stability in the administration of justice. By adhering to established precedents, the legal system can ensure predictability and coherence in decision-making processes. This approach helps uphold the integrity of legal principles and promotes a sense of reliability and fairness within the legal framework.
Test: What are Precedents and Precedents as a Source of Law - Question 10
According to Article 141 of the Constitution, what is the significance of decisions made by the Supreme Court in India?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 10
Article 141 of the Constitution 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 follow rulings by the Supreme Court without overlooking them due to procedural errors. The binding effect of Supreme Court decisions ensures consistency and adherence to legal principles across the Indian judicial system.
Test: What are Precedents and Precedents as a Source of Law - Question 11
How does the Supreme Court's authority over its previous decisions vary, especially in constitutional matters?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 11
The Supreme Court has the authority to overturn its previous decisions, either explicitly or implicitly, especially in constitutional matters that are deemed flawed. This power allows the Court to adapt to changing legal interpretations and correct errors in previous judgments. Implicit overruling occurs when a later decision undermines the reasoning or principle of a prior decision without expressly overturning it.
Test: What are Precedents and Precedents as a Source of Law - Question 12
Why are judges required to consider past Supreme Court decisions as guiding principles for current and future cases?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 12
Judges are required to carefully consider past Supreme Court decisions as guiding principles for current and future cases to ensure uniformity and consistency in legal interpretations. By following established legal precedents, judges uphold the rule of law and promote predictability in judicial decisions. This practice fosters stability and coherence in the legal system, facilitating fair and equitable outcomes in legal proceedings.
Test: What are Precedents and Precedents as a Source of Law - Question 13
In which case did the Supreme Court emphasize its authority to review and depart from earlier 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 A: Sajjan Singh v. the State of Rajasthan. In this case, the Supreme Court highlighted its power to review and depart from earlier decisions, particularly in matters impacting fundamental rights. This underscores the importance of judicial review and the Court's ability to reassess past rulings when necessary.
Test: What are Precedents and Precedents as a Source of Law - Question 14
What type of precedent is considered 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. They serve as authoritative precedents that judges must follow in their decision-making, irrespective of their own opinions or beliefs.
Test: What are Precedents and Precedents as a Source of Law - Question 15
In what circumstances can Conditional Precedents be disregarded?
Detailed Solution for Test: What are Precedents and Precedents as a Source of Law - Question 15
Conditional Precedents can be disregarded in exceptional circumstances. Unlike Absolute Precedents, which bind judges, Conditional Precedents provide some flexibility and can be set aside in rare and extraordinary situations where adherence to them would not serve the interests of justice.
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