A Level Law Practice Exam

What is a major problem associated with judicial precedent?

1. It provides too much flexibility for judges

2. It can lead to injustice unless originally intended

3. It is overly rigid, making bad decisions hard to overturn

4. It is too democratic in nature

The correct answer is: It is overly rigid, making bad decisions hard to overturn

The assertion that a major problem associated with judicial precedent is its rigidity correctly identifies a significant concern within the legal system. Judicial precedent, or stare decisis, mandates that courts follow the legal principles established in prior cases. This can create a situation where previous rulings—regardless of their merit or context—must be adhered to, even if they may no longer reflect sound legal reasoning or societal values. Consequently, this rigidity can result in the perpetuation of outdated or unjust decisions, making it difficult for the legal system to evolve flexibly in response to changing circumstances or understandings of justice. In contrast, the other options suggest issues that are not fundamentally linked to judicial precedent's nature. The idea that it provides too much flexibility for judges contradicts the very principle of precedent, which is primarily about consistency rather than discretion. The notion that it can lead to injustice unless originally intended implies that the system is flawed based on intent rather than application, while the assertion of being too democratic in nature overlooks the hierarchical structure of judicial decisions and their binding nature on lower courts. These aspects underscore why focusing on rigidity provides a clearer view of the prominent challenges in the application of judicial precedent.