A Level Law Practice Exam

Which of the following accurately describes the judges' role in relation to precedent?

1. Judges have complete authority to disregard all past cases

2. Judges must follow all precedents without exception

3. Judges may choose to follow precedents from lower courts

4. Judges are bound to follow precedents from courts at their level or higher

The correct answer is: Judges are bound to follow precedents from courts at their level or higher

Judges are bound to follow precedents established by courts at their level or higher due to the principle of stare decisis, which is fundamental in common law jurisdictions. This means that when a court has established a legal principle in a decided case, lower courts and the same level courts are obligated to adhere to that principle in future cases that present similar factual circumstances and legal issues. This promotes consistency and predictability in the law. The hierarchical structure of the court system ensures that decisions made by higher courts must be followed by lower courts, thereby upholding the rule of law and providing a reliable framework for legal interpretation. Judges at higher levels maintain the authority to set legal principles, which are then binding on those below them in the hierarchy. In contrast, the other answers present misconceptions. For instance, the notion that judges have complete authority to disregard past cases undermines the doctrine of precedent and would lead to uncertainty in the law. The idea that judges must follow all precedents without exception is also inaccurate, as judges have discretion in applying precedents to differing circumstances and may choose not to follow relevant precedents when justifiable grounds exist. Additionally, the suggestion that judges may choose to follow precedents from lower courts does not accurately reflect the binding nature of higher