Question

Under what circumstances would a court disregard precedent

Answer 1

Some circumstances that a court would disregard a precedent are:

1. if it was out of their jurisdiction.

2. if they disagreed with it.

3. if it was in the same jurisdiction but was made by a lower court.

Answer 2

Answer:

A court may disregard a precedent when that precedent belongs to another jurisdiction, when the opinions of the precedent are contrary to the opinion of the court and when the precedent belongs to the same jurisdiction, but has been given by a minor trinunal.

Explanation:

In a broad sense, a precedent is the judicial decision taken in the light of a specific case, whose normative element may serve as a guideline for the subsequent prosecution of analogous cases. Strictly speaking, the precedent can be defined as the ratio decidendi itself, that is, it is the legal foundations that support the decision; constitutes the essence of the legal thesis sufficient to decide the case.

In either case, a court may disregard the precedent and not accept it. This happens when the precedent belongs to another jurisdiction, when the opinions of the precedent are contrary to the opinion of the court and when the precedent belongs to the same jurisdiction, but has been given by a minor trinunal.