Precedent and Stare Decisis (1)


Foundations of Canadian Law – Practice Question and Answer


Session: Sources of Canadian Law

Topic: Common Law and Civil Law Traditions

Sub-Topic – Precedent and Stare Decisis (1)

Recommended time: 40 Minutes

Score: 22 Marks

Author: Manuel Akinshola



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This question is all about precedent and stare decisis. Tackling this type of questions may be challenging because it is neither direct nor straightforward. It also contains a lot of extraneous (though related) facts which may end up misleading you on what actually you need to talk about.

Secondly, on the face of it, it looks like a fact-based question where you will need to apply the IRAC rule. But IT IS NOT! And applying the IRAC principle may not help you secure the maximum points because you wouldn’t have exhausted the answer the way your examiner wanted. You should expect such questions from your Foundations exam, and, therefore, you need to be at alert.

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