A Level Law Practice Exam

What impact does judicial precedent have on the development of the law?

1. It speeds up the process of law-making

2. It introduces uncertainty and inconsistency in legal decisions

3. It can slow the development of law due to rigidity

4. It eliminates the need for legislative changes

The correct answer is: It can slow the development of law due to rigidity

Judicial precedent, also known as stare decisis, has a significant impact on the development of the law by establishing binding principles that lower courts and future cases must follow. This adherence to established precedents can lead to rigidity in the application of the law, as courts may feel constrained to follow previous decisions even when circumstances have changed or when they believe a different approach may be more appropriate. This rigidity can slow the development of the law because it may take considerable time, and sometimes even required legislative action, for the courts to adapt to new societal values or changes in context. As a result, while ensuring consistency and predictability, judicial precedent can also inhibit innovation in legal interpretations and adaptations, leading to a slower evolution of the law overall. The other options do not reflect the true nature of judicial precedent. While it can provide consistency, it does not inherently speed up law-making or eliminate the need for legislative changes, and while it promotes stability, it does not introduce significant uncertainty in the way that would detract from the reliability of legal decisions.