The Phrase 'Distinguishing the Precedent' Refers To

question 1

Multiple Choice

The phrase 'distinguishing the precedent' refers to:

• A)highlighting the similarities between a precedent and the present case in order to justify following the precedent.
• B)presenting a persuasive argument at trial in order to convince a trial judge that a precedent should be followed.
• C)the decision of the trial judge to follow a precedent and apply it to the facts of the case before him or her.
• D)the decision of a judge to deviate from a precedent because of significant differences in the material facts of the present case.

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Definitions:

Operant Conditioning

A method of learning that occurs through rewards and punishments for behavior, emphasizing the effects of external stimuli on subsequent behavior.

Positive Reinforcement

A psychological concept involving the addition of a reward following a desired behavior, encouraging its future occurrence.

Behavior

The actions or reactions of an individual, often in relation to the environment or stimuli.

Convergence

The inward movement of the eyes as they focus on an object that is drawing nearer.