In the imaginary case of Smith v R the case involves stealing a car. When making a decision in the judgement how will the judge be guided by earlier cases in higher courts? Group of answer choices A. Earlier cases will be sometimes binding depending on how similar the fact situation is between the cases. B. never binding because they are two different cases. C. of little value to later courts. D. always binding following the doctrine of precedent regardless of any differences between the cases
Question
In the imaginary case of Smith v R the case involves stealing a car. When making a decision in the judgement how will the judge be guided by earlier cases in higher courts?
Group of answer choices
A. Earlier cases will be sometimes binding depending on how similar the fact situation is between the cases.
B. never binding because they are two different cases.
C. of little value to later courts.
D. always binding following the doctrine of precedent regardless of any differences between the cases
Solution
A. Earlier cases will be sometimes binding depending on how similar the fact situation is between the cases.
This is because in common law systems, the doctrine of precedent or stare decisis is followed. This means that the decisions of higher courts are binding on lower courts. However, this is only the case if the facts of the cases are sufficiently similar. If the facts are different, the judge may distinguish the case from the precedent and not follow it.
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