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Review Your SQE 1 Practice Records

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Which of the following statements best describes the judicial act of distinguishing a case?

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Distinguishing is a judicial technique where a court decides not to follow a precedent because the facts of the current case are materially different from those of the previous case. This allows the court to avoid applying the ratio decidendi (the legal principle) of the earlier case while maintaining respect for judicial hierarchy and precedent.


Key Point: Distinguishing is crucial in the common law system as it provides flexibility and allows courts to adapt legal principles to new and varying fact situations without overturning established precedents.

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