Ace the Law Society of Ontario Paralegal Exam 2026 – Unleash Your Legal Superpowers!

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What is the role of precedent in Canadian law?

To provide guidance for future cases

The role of precedent in Canadian law is fundamentally to provide guidance for future cases. This principle, often encapsulated in the doctrine of stare decisis, requires that courts follow the rulings of higher courts within the same jurisdiction when the same points of law are at issue. This ensures consistency and predictability in legal decision-making, allowing individuals and legal practitioners to have a reliable basis on which to assess the likely outcomes of legal disputes.

Precedent allows courts to build upon previous decisions, fostering the development of case law that shapes and refines legal principles over time. By adhering to established precedents, the law remains stable while still allowing for adaptation as social norms and legal standards evolve. This is particularly important in Canadian law, where the uniform application of legal principles helps uphold the rule of law.

The other options mentioned do not align with the function of precedent. Establishing criminal penalties pertains to legislative processes rather than the judicial reliance on past decisions. While enforcing contracts and dictating financial provisions are important aspects of legal practice, they do not directly involve the role that precedent plays in influencing judicial decisions.

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To establish criminal penalties

To enforce contracts

To dictate financial provisions

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