Advantages of JP

Question 1

What is JP ?

Answer 1

system that requires judges to follow decisions made on same points of law by higher courts in earlier cases based on stare decesis (let the decision stand)

Question 2

What are the 4 advantages of JP?

Answer 2

makes Law certain and predictable
creates detailed law
creates flexibility within law
law is consistent

Question 3

How does JP make law certain and predictable ?

Answer 3

1/2 million precedents in ELS, few areas where isn’t one

Question 4

Why is JP making law certain and predictable an advantage ?

Answer 4

lawyers able 2 give advice w high certainty, 80% D plead guilty
civil- most cases predictable 90% settled outside court avoid huge costs

Question 5

How does JO create derailed law ?

Answer 5

acts of parl. written in general terms, little detail relate t working
detail create by JP based on real cases

Question 6

When has JP created detailed law?

Answer 6

R V Collins (C mistaken for V bf) but JP deal w detail of law case by case
allows unforeseen eventualities t b incl.

Question 7

How does JP created flexibility within the law ?

Answer 7

general terms so can reinterpret as new situat. arise so ESL can operate for long time as precedent constantly updates

Question 8

Examples of how JP created flexibility within law?

Answer 8

OAPA 1861 create GBH covered physical injuries & wounding, 1990s Ireland, Burstow & Constanza result court recog. mental injury as form of GBH & Dica - biological

Question 9

Evaluate JP creating flexibility in the law ?

Answer 9

made law stronger and more applicable and now common

Question 10

How does JP make law consistent ?

Answer 10

stare decesis - once est. courts follow JP for as long as possible some operated centuries as ‘good law’

Question 11

How has JP consistently applied to ppl in similar situations give an example ?

Answer 11

M’Naughten 1843 - rules relate 2 insanity
even tho unpopular labelled common conditions (diabetes etc.) as causes of insanity, applied fairly 160+ yrs