Ashworth Paralegal Practice Exam

Question: 1 / 400

What is the main function of "precedent" in the legal system?

To ensure all cases are judged by the same jury

To guide judges in making decisions based on past rulings

The main function of precedent in the legal system is to guide judges in making decisions based on past rulings. This principle, often referred to as “stare decisis,” establishes that courts should follow the legal principles established in previous cases that are relevant to the case at hand. By adhering to precedent, the legal system promotes consistency and stability in the application of the law, allowing for predictability in legal outcomes. It also helps to ensure that similar cases are treated similarly, enhancing the fairness of the judicial process.

This reliance on previous rulings allows judges to understand how the law has been interpreted and applied in the past, and provides a framework within which they can make informed decisions in new cases. By adhering to established precedents, judges contribute to the evolution of law while maintaining a respect for the historical context and interpretations of legal principles. The role of precedent underscores the importance of the rule of law and reinforces the reliability of the judicial system as a whole.

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To provide a standard for legal fees

To define the roles of legal practitioners

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