Advantages of Judicial Precedent

As cases with sufficiently similar material facts are bound by past decisions it provides an idea of how the case will be decided. What are advantages of judicial precedent.

Notes Judicial Precedent Judicial Precedent Common Law Is Not A Fixed Set Of Rules But Studocu

Besides the advantages of judicial precedent it also has some disadvantages.

. First advantage CERTAINTY- as judges follow past decisions people know the law and whether it is likely to be applied in their case. Case law facilitates consistency and uniformity in the administration of justice as similar cases are decided in alike. The law must be consistent to be credible.

As cases with sufficiently similar material facts are bound by past decisions it provides an idea of how the case will be decided. Essay - The judicial precedent 24. The main advantage of using precedent is that it provides certainty in the law.

This means the lawyers are capable of predict the finish result of the case as a outcome of Judges. Ad Over 27000 video lessons and other resources youre guaranteed to find what you need. Advantages of Judicial Precedent in Justice.

What are the advantages of judicial precedent. Practice statement pointed out certainty in law Second advantage CONSISTENCY AND FAIRNESS- just and fair that cases are decided in a similar way. Another advantage is that it provides consistent decisions within the law which also.

The main advantage of using precedent is that it provides certainty in the law. - Promotes equality and justice for like-cases. Case law makes a legal system certain and predictable.

Previous decisions can still be over rule if the previous decision is deemed wrong. O Consistency and predictability the system provides fairness and justice as similar cases will be treated and decided in the same way as a past case. The advantages of judicial precedent is that it is applied uniformly across the courts the principles of law are reasonably certain though there is some flexibility the precedents are related clearly to the facts of the case and there are a wide range of cases to draw on.

This consistency and consistency framework is giving the decency and equity as comparative cases will be dealt with and chosen in the same was as a past case. Advantages of judicial precedents Consistency and Predictability There are six favourable circumstances of legal points of reference. The stringence of the doctrine may prevent the adaptation of the law to changing social and economic order if the country.

For example the degree of certainty can be advised by the lawyers to their clients. 11 If a Court is already provided with an answer to a problem in which they face it will not take as much time to reach a reasoned conclusion. Advantages of judicial precedent Advantages.

It creates a system where everyone dealing with a similar case will treat in a similar manner which leads to. It is also known as case law. The doctrine of Judicial precedence has also fall under a very heavy criticisms by legal minds.

Next predictability is also one of the advantages of the doctrine of judicial precedent. - It stops judges from making random decisions. Judicial precedent helps the court system to save time on future cases and increases convenience as a question once decided is settled.

The fact that the lower courts in the hierarchy are bound to the higher courtssuperior courts and the fact that the COA has to follow its past decisions can make the law too inflexible meaning that bad decisions are therefore made in the past may be repeated for future cases. - ConsistencyCertainty - Predictability - Flexibility - Detailed practical rules - Original Precedents How does judicial precedent provide certaintyconsistency. The doctrine of precedent in English law can be criticized as being too rigid.

The predictability of law is also important for the qualification of a person in Government to. The use of precedent brings about rigidity. Many decisions which constitute precedents have been made.

Consistency and fairness 3. This allows lawyers to advise their clients with some certainty as to their position and whether to take a case to court. Judicial precedent means the use of decisions made by judges in the past as a source of law where a similar case arises the past decision is used as a guideline.

Another advantage is that it provides consistent decisions within the law which also ensures fairness. The first benefit of judicial precedent is certainty. Right off the bat the Consistency and consistency.

What are the advantages of Judicial Precedent. By Essay Examples October 23 2021 620 am 14k Views. The discretion of courts is fetterered and they frequently have to give decision that they strongly disapprove.

Time saving Why is certainty an advantage. Exam of 2 pages for the course Unit 23 - Aspects of the Legal System and Law-making Process at PEARSON DISTINCTION GRADE Show more. Exam elaborations - Fact sheets on greggs different costing methods.

There are many advantages to the doctrine of judicial precedent with one of the main advantages being the ability to save time when making a decision on a case. Advantages and Disadvantages of Judicial Precedent. When a law has been laid it has been set in.

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Advantages And Disadvantages Of Judicial Precedent

Advantages Of Judicial Precedent By Melvin Tan

16 Advantages And Disadvantages Of Judicial Precedent Connectus

4 2 Role Of Judges In Common Law 1 The Main Role Of Courts Decide The Facts Of The Case That Is What Happened Decide What Law Applies Apply Ppt Download