Judicial precedent: past paper questions
Real questions on judicial precedent
The newest 20 of 24 written questions. Open one to see it on the real paper.
- 9084/11 · May/June 2025 · Q6a[10]
Explain the powers of the Supreme Court to depart from otherwise binding precedent.
See it on the paper → - 9084/11 · May/June 2025 · Q6b[15]
Discuss whether the system of precedent allows the law to develop.
See it on the paper → - 9084/11 · May/June 2024 · Q3[5]
Identify five sources of persuasive precedent.
See it on the paper → - 9084/11 · May/June 2024 · Q4[6]
Describe three reasons why a judge might excuse or defer a person from serving on a jury.
See it on the paper → - 9084/12 · October/November 2023 · Q5[10]
Discuss the disadvantages of judicial precedent. Section B Answer two questions.
See it on the paper → - 9084/13 · October/November 2023 · Q8a[10]
Explain binding, persuasive and original precedent.
See it on the paper → - 9084/13 · October/November 2023 · Q8b[15]
Assess how far the doctrine of precedent limits the development of law.
See it on the paper → - 9084/12 · May/June 2023 · Q6a[10]
Explain the powers of the Court of Appeal to depart from an otherwise binding precedent.
See it on the paper → - 9084/12 · May/June 2023 · Q6b[15]
Discuss whether the Court of Appeal should be able to depart from decisions of the Supreme Court.
See it on the paper → - 9084/13 · May/June 2022 · Q5[25]
Judicial precedent is a major source of law. Outline the system of judicial precedent. Assess whether it has enabled judges to create and amend law to meet the needs of society.
See it on the paper → - 9084/12 · October/November 2021 · Q4[25]
The rules of precedent mean that law is static and cannot change. Explain how precedent works. Assess the accuracy of the statement above.
See it on the paper → - 9084/13 · October/November 2021 · Q6[25]
Explain why Equity was needed when custom and common law had already developed. Assess the continued need for Equity today.
See it on the paper → - 9084/12 · May/June 2021 · Q3[25]
The English system of precedent is capable of demonstrating flexibility. Describe how the Court of Appeal and the Supreme Court can depart from previous decisions. Assess the significance of these courts in allowing precedent to be flexible.
See it on the paper → - 9084/13 · May/June 2021 · Q3[25]
The Common Law and Equity courts were combined by the Judicature Acts 1873–1875. Describe how Equity has developed since then. Assess the extent to which Equity is still a separate source of law.
See it on the paper → - 9084/22 · May/June 2021 · Q2d[20]
Describe the remedies available in Equity and assess the extent to which they lead to fairness in the law.
See it on the paper → - 9084/11 · October/November 2020 · Q4[25]
Explain how a judge might avoid a precedent. Assess the extent to which it is possible for a judge to create new laws.
See it on the paper → - 9084/12 · May/June 2020 · Q2[25]
Discuss the contribution of Equity to the legal system today.
See it on the paper → - 9084/22 · May/June 2020 · Q1d[20]
Describe the tools, other than the rules of statutory interpretation, available to judges. Assess the effectiveness of these tools. Source material for Question 1 Public Order Act 1986 Section 2 Violent disorder. (1) Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of t...
See it on the paper → - 9084/13 · October/November 2019 · Q6[25]
The independence of the judiciary is seen as important in protecting the individual from the abuse of power by the government. Explain the ways in which the judiciary is independent and consider whether reforms have strengthened this independence.
See it on the paper → - 9084/12 · May/June 2019 · Q2[25]
Precedent allows the law to develop in line with the needs of society. Explain how precedent works and evaluate the methods used by the court to avoid a binding precedent.
See it on the paper →
What examiners said
This question required a focus on the disadvantages of judicial precedent, and the best responses discussed the disadvantages with some supporting development, evaluation, and legal authority. Stronger candidates identified disadvantages such as rigidity, inability for the law to grow and the difficulty of finding the ratio decidendi. To get the full range of AO2 and AO3 marks, these points needed...
— Examiner report, October/November 2023, 9084/12 Q5 (Cambridge)
This was a popular question. Most candidates recognised the position of the Court of Appeal in the hierarchy. Weaker responses tended to write about the general mechanics of precedent, writing about stare decisis, obiter dicta and the different types of precedent, which was not relevant to the question. Stronger responses were specific about the Court of Appeal and there was an made reference to Y...
— Examiner report, May/June 2023, 9084/12 Q6(a) (Cambridge)
Stronger candidates successfully well substantiated reasons why the Court of Appeal should be able to depart from the Supreme Court, citing reasons such as the Court of Appeal hears more cases, the law needs to develop as well as some sophisticated discussion about Lord Denning and his attempts to allow the Court of Appeal the same powers as the Supreme Court in cases such as Davis v Johnson and B...
— Examiner report, May/June 2023, 9084/12 Q6(b) (Cambridge)
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