Legal Rules and Their Interpretation

Running head: LAW
Question & Answer
Name of the Student
Name of the University
Author Note

1LAW
Table of Contents
Answer to question 1 (a)..................................................................................................................2
Answer to question 1 (b)..................................................................................................................2
Answer to question 2 (a)..................................................................................................................3
Answer to question 2 (b)..................................................................................................................3
Answer to question 3:......................................................................................................................4
Answer to question 4:......................................................................................................................5
Reference:........................................................................................................................................6

2LAW
Answer to question 1 (a) [word 117]
There are certain jurisprudential processes by which the judges are presiding over a court.
In case of judicial precedent, the judges, while deciding a case take the help of previously
decided court that were of similar in nature. The principle of judicial precedent was based on the
doctrine of stare decisis. According to this principle, the lower courts are obliged to abide by the
rules set out by the higher courts regarding same case. It helps to provide uniformity and
expectedness in law. In case of judicial precedent, the decision of the court is taken as an
authority, as certain legal principles are embodied in them. The judicial precedent is considered
as source of law (CHAN 2015).
Answer to question 1 (b) [word 163]
The word considering and distinguishing are the two legal norms that are applied on
several circumstances. The word considered literally means to think about a matter carefully.
The carefulness is required to be taken to take certain action regarding any matter (Pinker 2015).
In the legal interpretation, the term consider has been used to carefully analyze the matter before
taking any action or to take into account all the possible aspects and approaches regarding the
case.
On the other hand, the word distinguish is used in case of judicial precedents. According
to the law, when the subject matter of two cases are same, the lower court can base their
judgment on the previous decision made by the superior court. However, an exception has been
made by distinguishing principle. According to the principle, the court is not allowed to take all