Advantages of Judicial Precedent

RIGIDITY - courts having to follow decisions of higher courts and court of appeal having to follow past decisions can make law too inflexible. The advantages and disadvantages of judicial precedent work to create a system that checks the crevices of previous decisions while shining the light of the law upon the facts of every case.

Judicial Precedent Revision Aid

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

. 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. Case law facilitates consistency and uniformity in the administration of justice as similar cases are decided in alike. Bad decisions may be repeated.

Judicial precedent is a source of law where the past decision has created a law for the judges to refer back for future guidance cases. A Judicial precedent is the principle of law on which Judicial decision is based. This allows lawyers to advise their clients with some certainty as to their position and whether to take a case to court.

Next predictability is also one of the advantages of. It consist of laws found in Judicial decisions. Lower courts having to follow the higher courts means that.

Besides the advantages of judicial precedent it also has some disadvantages. Advantages of Judicial Precedent in Justice. The system is too strict and it does not allow the law to develop enough.

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. Advantages of judicial precedent. 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.

Consistency and fairness 3. Case law makes a legal system certain and predictable. If a case appears to be a bad outcome in a court it can be changed but cases and precedent can only change when the case comes to court.

A rule can have kept for a long time even if it is out of date. The advantage of precedent is that it allows for the law to grow to meet new situations and to be flexible to meet changing needs which therefore provides for the efficient operation of the legal system. Judicial precedent helps the court system to save time on future cases and increases convenience as a question once decided is settled.

The first benefit of judicial precedent is certainty. Why is certainty an advantage. Where past decisions of judges are followed in future cases when the facts of the cases are similar.

In every case great fairness is provided when similar facts are treated the same I feel there are more advantages to precedence. On the other hand judge-made law is slow to evolve. When a law has been laid it has been set in.

A precedent is a principle or a rule that was declared or laid down in a previous legal case. The advantage of the doctrine of precedent is that it provides certainty and predictability. This means the lawyers are capable of predict the finish result of the case as a outcome of Judges.

There are instances where judges do make law which may later turn out to be binding. Judicial precedent helps to prepare new statutory laws and will adjust according to the changing conditions of the society. The courts are not free to make law in the same sense as parliament.

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. Half a million cases reported. 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.

The precedent also helps to ensure that the judges are making the final decision without any mistake or overconfidence with the help of the guidance which is referring to the previous cases. The main advantage of using precedent is that it provides certainty in the law. The precedents are based upon the principle that stare the decisis or more commonly stare decisis is referred to a meaning of stand by decided matter.

Judicial precedence Also referred to as the Doctrine of Precedent or Stare decisis can simply be described as judge made laws. It helps to ensure the justice of law by not allowing the judges to make random decision of the case. Another advantage is that it provides consistent decisions within the law which also.

Previous decisions can still be over rule if the previous decision is deemed wrong. The use of precedent brings about rigidity. Many decisions which constitute precedents have been made.

COMPLEXITY - not easy to find all the relevant case law. In addition judicial precedent is rigidity. Start studying Judicial Precedent - Advantages of Judicial Precedent.

What are the advantages of judicial precedent. The doctrine of precedent in English law can be criticized as being too rigid. By Essay Examples October 23 2021 620 am 14k Views.

It is also known as case law. What are advantages of judicial precedent. Learn vocabulary terms and more with flashcards games and other study tools.

Judicial Precedent Revision Aid

Judicial Precedent Revision Aid

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Advantages Of Judicial Precedent By Melvin Tan

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