Introduction to Law Deneme Sınavı Sorusu #839012

Which of the following are two exemptions to the doctrine of precedent in case law?


Interpreting-Reasoning

Executing-Exercising

Posteriority-Superiority

Distinguishing-Overruling

Customary-Equity


Yanıt Açıklaması:

There are two exemptions to the doctrine of precedent each of which involves the use of tools of legal reasoning: 1) Distinguishing: If a judge finds that the facts of the case he is dealing with are very similar to those of the precedent while at the same time thinking that there is a material difference between the two, he may distinguish the precedent. 2) Overruling: A judge can also overrule a decision of a lower court, if he thinks that the lower court has wrongly decided.

The correct answer is D.

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