NCTJ Court Reporting Practice Exam

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What is the concept of "precedent" in law?

A legal principle established in a previous case

The concept of "precedent" in law refers to a legal principle that has been established in a previous case and is used as a guideline for deciding similar future cases. This principle is grounded in the doctrine of stare decisis, which means that courts should follow established case law when making their decisions to promote consistency and predictability in the law.

Precedent ensures that similar cases are treated alike, allowing the legal system to provide a stable framework for resolving disputes. When a court encounters a case with similar facts or legal questions to one that has already been decided, it will rely on the previous ruling to guide its decision-making process. This practice not only enhances the integrity of the legal system but also helps individuals and lawyers anticipate outcomes based on established case law.

While the other options relate to various legal terms and concepts, they do not accurately define precedent. A ruling from the Supreme Court does not itself create a precedent for all cases, as lower courts may follow different interpretations unless bound by specific higher court rulings. A document submitted by lawyers refers to legal filings rather than a principle of law. Similarly, a statement made by a judge in a trial can be relevant, but it does not encompass the broader application and significance of establishing legal principles

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A ruling that must be followed by the Supreme Court

A document submitted by lawyers in a case

A statement made by a judge in a trial

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