Question 1

A court opinion that a court looks to for guidance when reaching a decision, but is not bound to follow, is referred to as:

Accepted Answer

Persuasive precedent is a court opinion that a court may consider when making a decision, but it is not binding like mandatory precedent. Stare decisis is the principle that courts should follow precedents in making legal decisions. On point refers to a precedent that is directly applicable to the issue before the court. Therefore, the correct answer is B, persuasive precedent.

Question 2

Stare decisis is:

Accepted Answer

Stare decisis is a basic principle of the common law system that requires a court to follow a previous decision of that court or a higher court in the jurisdiction when the current decision involves issues and key facts similar to those involved in the previous decision. This principle provides consistency and predictability in the law, and helps ensure that similar cases will be treated similarly. Option A describes the concept of a binding precedent, which is a type of stare decisis. Option B describes the concept of a controlling precedent, which is a type of stare decisis. Option C describes the concept of persuasive precedent, which is a type of stare decisis that a court may look to for guidance but is not bound to follow.

Question 3

If the law applied in the court opinion is different from the law that applies to the client's case, the opinion can be:

Accepted Answer

If the law applied in the court opinion is different from the law that applies to the client's case, the opinion can still be used as persuasive precedent. This means that while it is not mandatory for the court to follow it, they may find the reasoning and analysis in the opinion helpful in deciding the case. It may also be used as a point of reference in arguments made to the court.

Question 4

Precedent is:

Accepted Answer

The answer of Precedent is:
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Quiz 8: Eastman Kodak Company Kodak: Film Vs Digital: Can Kodak Build a Bridge

A court opinion that a court looks to for guidance when reaching a decision, but is not bound to follow, is referred to as:

Stare decisis is:

If the law applied in the court opinion is different from the law that applies to the client's case, the opinion can be:

Precedent is: