Advantages Of Precedent Flashcards
1
Q
What are advantages of precedent?
A
- Certainty
- Fairness and consistency
- Flexibility
- Precision
2
Q
Why is certainty a +
A
allows lawyers to adviae clients accurately, helps infivualds plan affairs by likely outcomes, provides stability for business arrangements
3
Q
Why is fairness and consistency a +
A
Like Fades are treated alike, promotes justice. Law is not subject to differing opionions of judges so more credible
4
Q
Why is flexibility a +
A
Despite precedent being faulty rigid, law can develop and evolve by distinguishing and overruling, to meet changing social, political or moral conditions
5
Q
Why is precision a +
A
A system which has refined laws over hundred of years, minor variations are covered. Cases in court of real, AOP are theoretical and generalised
