Courts in many countries follow a doctrine of precedent: when a similar case has been decided by a higher court, a lower court should reach the same result. Defenders of the doctrine argue that it makes the law predictable, because people can know in advance how courts are likely to rule, and that it treats like cases alike, which is a basic demand of fairness. Critics reply that strict adherence to precedent can preserve decisions that have become unjust or out of date. Most legal systems therefore allow a court to distinguish a precedent, that is, to hold that the facts of the present case differ in an important way from those of the earlier one. This practice is not a loophole, its defenders say, but part of what the doctrine requires: like cases are to be treated alike only if they really are alike. The difficulty is that judges may disagree about which differences matter, so that even a system that honors precedent leaves room for judgment.

Answer and explanation

Correct answer: B. point out a difficulty that remains even for a system that honors precedent

  1. Step 1: It begins with 'The difficulty is'. Step 2. It raises a problem. Answer: it points out a remaining difficulty. Why not the others: these are not its role.

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