A Level Law Practice Exam

When is a precedent considered binding?

1. When established by a lower court

2. When it is from a court of equal standing

3. When the facts of the second case are sufficiently similar

4. When it has been widely criticized by legal scholars

The correct answer is: When the facts of the second case are sufficiently similar

A precedent is considered binding when the facts of the second case are sufficiently similar to those of the case that established the precedent. This principle stems from the doctrine of stare decisis, which emphasizes that courts should follow the decisions of higher courts when the material facts of the cases in question are alike. When a court encounters a case that relates to a previous decision, the key factor that determines whether the previous decision applies is the similarity of the facts. If the circumstances, evidence, and legal questions are substantially similar, the court will typically be bound to apply the same legal principles. This maintains consistency and predictability in the law, ensuring that similar cases yield similar outcomes, which is essential for fairness in the legal system. In contrast, a precedent established by a lower court is not binding on higher courts; rather, it may be persuasive. Similarly, precedents from courts of equal standing can be influential but are not strictly binding, as each court’s authority is based on its hierarchy. Additionally, a precedent that has faced widespread criticism does not lose its binding nature unless it has been overturned or modified by a higher authority; public opinion does not affect its legal standing.