Back to the full dot-point answer
EnglandLegal StudiesQuick questions
Law Making (Component 1)
Quick questions on Judicial precedent - Eduqas A-Level Law Component 1
3short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is avoiding precedent?Show answer
Judges can avoid an inconvenient precedent. Overruling is where a higher court (or the Supreme Court using the Practice Statement) declares that a principle in an earlier case is wrong and states the correct law for the future. Reversing is where a higher court changes the decision of a lower court in the same case on appeal. Distinguishing is where a judge finds the material facts of the present case are different from the precedent, so it does not apply (Merritt v Merritt distinguished Balfour v Balfour because the couple had separated, making their agreement legally binding).
What is q1?Show answer
Explain the difference between ratio decidendi and obiter dicta. [10 marks]
What is q2?Show answer
Analyse and evaluate the advantages and disadvantages of judicial precedent. [15 marks]
Have a question we have not covered?
This dot-point answer is short enough that we have not extracted many short questions yet. Read the full dot-point answer or ask Mo, our study assistant, in the chat for follow ups.