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AS & A Level Law 9084 · English legal system · 1.3.1

The judiciary – superior and inferior judges: past paper questions

36 real questionsasked in 9 of the last 10 exam series2019–2026usually: Explain, Assess, Describe, Identify, Discuss

Real questions on the judiciary – superior and inferior judges

The newest 20 of 36 written questions. Open one to see it on the real paper.

  1. 9084/12 · May/June 2026 · Q8a[10]

    Explain how judges are trained.

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  2. 9084/12 · May/June 2026 · Q8b[15]

    Assess whether judges can be said to be independent of political bias.

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  3. 9084/12 · October/November 2025 · Q1[1]

    Identify one qualification required to become a judge in the Supreme Court.

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  4. 9084/12 · October/November 2025 · Q8a[10]

    Describe the techniques used by the inferior courts to avoid a binding precedent.

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  5. 9084/12 · October/November 2025 · Q8b[15]

    Assess whether judicial precedent limits the courts in developing the law to ensure justice.

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  6. 9084/12 · May/June 2025 · Q8b[15]

    Assess the effectiveness of using lay magistrates in the criminal justice system.

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  7. 9084/13 · May/June 2025 · Q6a[10]

    Explain the powers of the Supreme Court to depart from otherwise binding precedent.

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  8. 9084/13 · May/June 2025 · Q6b[15]

    Discuss whether the system of precedent allows the law to develop.

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  9. 9084/11 · October/November 2024 · Q7a[10]

    Explain the process required to appoint a judge in the Supreme Court.

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  10. 9084/11 · October/November 2024 · Q7b[15]

    Assess whether the process for appointing a judge in the Supreme Court ensures that the appropriate candidates are selected.

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  11. 9084/13 · October/November 2024 · Q7a[10]

    Explain the process required to appoint a judge in the Supreme Court.

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  12. 9084/13 · October/November 2024 · Q7b[15]

    Assess whether the process for appointing a judge in the Supreme Court ensures that the appropriate candidates are selected.

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  13. 9084/12 · May/June 2024 · Q2[2]

    2-mark question — its maths and diagrams are best seen on the paper.

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  14. 9084/12 · May/June 2024 · Q6a[10]

    Explain what is meant by judicial independence.

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  15. 9084/12 · May/June 2024 · Q6b[15]

    Assess the extent to which judges are truly independent.

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  16. 9084/13 · May/June 2024 · Q1[1]

    Identify the most senior court in the English legal system.

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  17. 9084/13 · May/June 2024 · Q3[5]

    Identify five types of judges.

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  18. 9084/11 · October/November 2023 · Q8a[10]

    Explain binding, persuasive and original precedent.

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  19. 9084/11 · October/November 2023 · Q8b[15]

    Assess how far the doctrine of precedent limits the development of law.

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  20. 9084/13 · October/November 2023 · Q3[5]

    Identify five of the key qualities required to become a magistrate.

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What examiners said

This question was generally answered well. The majority of candidates offered a definition of varying detail of each type of precedent. Stronger candidates provided a solid definition of each type, with either some examples, or cases. The weakest definition was persuasive precedent, where only a few candidates provided examples of what constitutes persuasive precedent. Examples could include decis...

— Examiner report, October/November 2023, 9084/11 Q8(a) (Cambridge)

Strong responses used the avoidance techniques in this answer as a basis for evaluation – showing how the avoidance techniques allow judges to depart from an otherwise binding precedent and therefore not limit the development of the law. This approach allowed candidates to implicitly evaluate the doctrine of precedent whilst also using case law to support – such case law included Balfour v Balfou...

— Examiner report, October/November 2023, 9084/11 Q8(b) (Cambridge)

Strong responses to this question included a discussion of the advantages of the Judicial Appointments Commission and explored issues such as improved diversity, merit-based selection and the removal of the political influence, thereby upholding the separation of powers. The best responses to this question produced 4 to 5 evaluative points with some development and supportive legal authority. Some...

— Examiner report, May/June 2023, 9084/11 Q5 (Cambridge)

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