Intro to Paralegal Studies Practice

What is emphasized by the concept of precedent in Common Law?

1. It establishes new laws without the need for legislation

2. It allows for uniformity and conformity in judicial decisions

3. It requires public opinion to shape judicial decisions

4. It eliminates the need for a written constitution

The correct answer is: It allows for uniformity and conformity in judicial decisions

The concept of precedent in Common Law emphasizes the importance of past judicial decisions as a guide for future cases. When a court makes a ruling, that decision becomes part of the law, setting a standard that future courts are expected to follow in similar circumstances. This practice not only fosters consistency in legal interpretations but also promotes fairness and predictability in the judicial system. By adhering to established precedents, courts contribute to a cohesive legal framework, enabling individuals and entities to understand the potential outcomes of their legal actions. This uniformity ensures that similar cases are treated alike, reinforcing the integrity of the law and the judicial process. The other options touch on different aspects of law but do not capture the essence of how precedent functions in Common Law. For instance, while it is true that precedent can establish legal principles, it does not replace legislative action; rather, it complements it. Public opinion can influence judicial decisions to some extent, but it is not a defining aspect of precedent. Moreover, Common Law systems can and do coexist with written constitutions, making the elimination of a written constitution irrelevant to the concept of precedent.