Judge-Made Law and Precedent
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Questions and Answers

What is the doctrine that establishes the binding nature of judicial decisions on later cases?

  • Doctrine of Binding Judicial Precedent (correct)
  • Theory of Legal Supremacy
  • Principle of Judicial Review
  • Rule of Preemptive Authority
  • Which court typically has the authority to overrule decisions made by lower courts?

  • Circuit Court
  • Supreme Court (correct)
  • District Court
  • High Court
  • What must a later court demonstrate to avoid following a decision made by an earlier court at the same level?

  • Judicial overreach
  • A good reason not to follow it (correct)
  • A higher court's contradictory ruling
  • Disagreement with public opinion
  • Which of the following statements about the Rule of Stare Decisis is correct?

    <p>It mandates that judges must follow precedents in similar cases.</p> Signup and view all the answers

    Which court serves as the lowest tier in the hierarchy of courts in Ireland?

    <p>District Court</p> Signup and view all the answers

    Study Notes

    Judge-Made Law

    • Judge-made law stems from judicial decisions, following the doctrine of binding precedent.
    • A court's decision on a set of circumstances binds other courts in similar future cases.
    • Higher courts' decisions are binding on lower courts.
    • Decisions of courts at the same level are binding on later courts unless there's justifiable reason not to follow them.

    Doctrine of Precedent

    • Also known as the Rule of Stare Decisis.
    • Each case creates a precedent, influencing subsequent similar cases.
    • The principles and rules established in precedent cases form the law.

    Overruling Precedent

    • Precedent can be overturned by legislation.
    • Precedent can be overturned by another court of equal or higher jurisdiction.
    • Courts in Ireland, from lowest to highest, are: District Court, Circuit Court, High Court, Court of Appeal, Supreme Court.
    • The Supreme Court only hears appeals from the High Court.

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    Description

    Explore the intricacies of judge-made law and the doctrine of precedent in this quiz. Understand how judicial decisions shape future cases and the hierarchical structure of courts. Test your knowledge on the principles, rules, and the process of overruling precedent.

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