DOP Quick Quiz
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Give 2 other names for common law
When do courts get to make law? 2 situations
Give 2 limitations on the courts ability to make law
What relationship does the court hierarchy have with the doctrine of precedent?
Give an example of when precedent might be binding
Give an example of when a precedent might be persuasive
What does stare decisis mean?
If a case is heard on appeal in a higher court--- what can the judge do?
If the Supreme Court does not follow a precedent set by the High Court—why might this
be the case?
What is the outcome of disapproving of a precedent in the same court?
What is the outcome of disapproving of a precedent in a lower court?
Why is it that precedent is usually set when a case is on appeal?
What is a limitation of overruling?
What is a limitation of reversing?
What is a limitation of distinguishing?
What is a limitation of disapproving?
What is a benefit of consistency?
What are some problems associated with consistency?
Give an example of a case where a court set a precedent
In your opinion does the DoP provide for consistency over flexibility or vice versa?