A Level Law Practice Exam

How does the court hierarchy impact the application of precedent?

1. Courts are bound by decisions from lower courts

2. Courts are only bound by decisions from legislatures

3. Courts are bound by the ratio decidendi set by courts above and at their level

4. Courts can ignore all past decisions if they choose

The correct answer is: Courts are bound by the ratio decidendi set by courts above and at their level

The correct answer highlights a fundamental principle in the doctrine of precedent, known as *stare decisis*. In a hierarchical court system, decisions made by higher courts are binding on lower courts within the same jurisdiction. This means that when a higher court establishes a legal principle or rule (the ratio decidendi), lower courts must follow this guidance in subsequent cases, ensuring consistency and predictability in the law. While judges in courts at the same level may not be strictly bound by each other’s decisions, they often follow them for the sake of consistency and legal stability. Therefore, this answer accurately reflects the binding nature of precedent as it relates to both appellate courts and those courts at the same level. The other options suggest misunderstandings about the relationship between court levels and precedent. For example, the misconception that courts are obliged to follow decisions from lower courts does not align with the hierarchical structure, as higher court rulings take precedence. Additionally, stating that courts are bound solely by legislative decisions disregards the critical role that judicial decisions play in law development. Lastly, the idea that courts can entirely disregard past decisions is incorrect, as it contradicts the principle of adherence to precedent essential for the rule of law.