Advantages of JP

Question 1

Judicial precedent ensures certainty within the law

-Example

Answer 1

cases involving negligence use neighbour principle from Donoghue v Stevenson

Question 2

Judicial precedent ensures certainty within the law

-Explanation

Answer 2

Cases with the same or similar facts must follow the previous decision.

Question 3

Judicial precedent ensures certainty within the law

-Why it’s an advantage

Answer 3

 -This enables parties to predict the outcome of cases with greater ease and therefore saves time.
 -It prevents the law from changing and being difficult to keep up with.
-It also creates fairness are cases are treated the same.

Question 4

Judges have flexibility to deal with new and changing situations as they arise which is a much better system than waiting for decisions or changes to come from Parliament.
-Example

Answer 4

In Re A or R v R

Question 5

Judges have flexibility to deal with new and changing situations as they arise which is a much better system than waiting for decisions or changes to come from Parliament.
-Explanation

Answer 5

Judges are able to react quickly by making a judgement on the case in front of them, and creating a new binding precedent.

Question 6

Judges have flexibility to deal with new and changing situations as they arise which is a much better system than waiting for decisions or changes to come from Parliament.
-Why it’s an advantage

Answer 6

-This allowed the law to keep up with changing attitudes in society.

Question 7

There is also flexibility in the way judges can avoid past precedents.
-Example

Answer 7

For instance, in Addie v Dumbreck D did not owe a duty to child trespassers killed on their premises. This harsh decision was over-ruled in BRB v Herrington where BRB did owe a duty to child trespassers killed on the tracks.
OR other example like R v G&R or Shivpuri

Question 8

There is also flexibility in the way judges can avoid past precedents.
-Explanation

Answer 8

There are many ways through which judges can avoid precedent, such as the practice statement 1966 or the exceptions from Young. ALL JUDGES IN ALL COURTS CAN USE DISTINGUISHING

Question 9

There is also flexibility in the way judges can avoid past precedents.
-Why it’s an advantage

Answer 9

• This allows judges to produce a more just outcome.

- If people believe justice is being served, they will have more faith in the legal system.

Question 10

Law Reports have enabled judicial precedent to operate accurately due to cases being reported and verified by lawyers.
-Example

Answer 10

Following the creation of the Incorporated Council of Law Reporting in 1865, all judgements are recorded word for word by specialist lawyers.

Question 11

Law Reports have enabled judicial precedent to operate accurately due to cases being reported and verified by lawyers
-Explanation

Answer 11

Accurate law reports can easily be found and are accessible to all with examples of where

Question 12

Law Reports have enabled judicial precedent to operate accurately due to cases being reported and verified by lawyers.
-Why it’s an advantage

Answer 12

• This makes case law ascertainable, meaning that judgments are certain, clear, known to all.
• Lawyers can use accurate law reports to predict or advise likely outcomes to their clients
• Judges can use accurate law reports as a record of what past decisions were, and the reasons behind them, so that judges can decide whether or not to apply the same reasoning.

Question 13

Judges are more suited to making decisions that become law compared to MPs in parliament.
-Explanation & example

Answer 13

As judges are not elected, they can make decisions based on the law alone, which is needed for controversial decisions such as RE:A and R v R.
They also have specialised legal knowledge unlike MPs, and sit in panels of 3-5, meaning they can deal
with complex law thoroughly, such as duty of care to trespassers in BRB v Herrington, and all cases have a mixture of legal opinions/ significant consideration of legal issues.

Question 14

Judges are more suited to making decisions that become law compared to MPs in parliament.
-Why it’s an advantage

Answer 14

• This should lead to better, more just decisions being made, again helping to maintain public faith in the legal system.
• Decisions are made fairly, based on the law, and not on the opinion of potential voters,
• The use of a panel helps eliminate bias.