Question

Joanna is a lawyer defending a client accused of arson. During the trial, she refers to a similar case that came before the Supreme Court several years ago. This case is an example of _____.

Answer 1

Joanna referred to a previous case during a trial as a precedent, which is a principle from an earlier case used to guide the decision in the current case, following the principle of stare decisis.

Step-by-step explanation:

Joanna, as a lawyer defending a client accused of arson, refers to a similar case that was previously decided by the Supreme Court. This case serves as a precedent, which under the principle of stare decisis, serves as a guideline for judges to make decisions in new cases.

Precedents are principles or guidelines established by courts in earlier cases and are an integral part of Case Law or common law, guiding the operation of the courts.

Precedents provide a framework within which subsequent cases are decided to ensure consistency and stability in the legal system. However, judges do retain some flexibility and can create new precedents if circumstances require.

This might happen when societal values evolve, new legal questions arise, or when there is a significant change in the composition of the courts, such as with the Supreme Court.