A Level Law Practice Exam

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How does distinguishing affect legal precedents?

It affirms the existing precedent

It allows courts to adapt precedents to new situations

Distinguishing is a legal technique whereby a court decides that a previous case is not applicable to the current case due to differences in facts, circumstances, or legal issues. This process allows courts to adapt precedents to new situations, making it a flexible tool for judges. By distinguishing a case, the court can effectively develop the law to account for unique aspects of a case that may not have been considered in earlier rulings. This ensures that the law remains relevant and practical in light of changing societal norms and factual matrices. Thus, distinguishing plays a crucial role in maintaining the dynamism of legal precedents, allowing the law to evolve rather than become rigid and unchangeable.

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It limits the flexibility of legal interpretation

It creates more confusion in the case law

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