Advantages of precedent A03

Question 1

What are the WDPs for advantages of precedent

Answer 1

+Judges have legal expertise
+Allows for development of the law
+Flexibility
+Certainty

Question 2

+P1: Utilise judicial experience and knowledge

Answer 2

fewer issues with statutory interpretation

Question 3

+DP1: Fewer appeals

Answer 3

helps save judicial resources and promotes efficiency in the legal system

Question 4

-WDP1: Judges may impose their own moral standards (R v Brown)

Answer 4

R v Brown → prejudice = unfair on df

Question 5

+P2: law can evolve with societal change with original precedent and…

Answer 5

overruling previous outdated decisions = protects the public

Question 6

+DP2: judges play an important role filling in… (case)

Answer 6

gaps in the law and developing statutes → R v R marital rape criminalised = protects victims

Question 7

-WDP2: slowness of growth, lack of responsiveness

Answer 7

relies on areas that need reform arising in legal cases = low chances

Question 8

+P3: allows the law to progress

Answer 8

fairness and justice

Question 9

+DP3: ensures the law can change and judges do not have to follow decisions that are no longer acceptable (case)

Answer 9

R v Howe overruling R v Lynch - upholds democratic values

Question 10

-WDP3: judges can make illogical distinctions to avoid precedent (case)

Answer 10

R v Wilson distinguishing from R v Brown = uncertainty

Question 11

+P4: stare decisis and ratio decidendi creates…

Answer 11

certainty, predictability creating consistency in the law

Question 12

+DP4: more uniformity and stability, upholding..

Answer 12

SoP with lower courts being bound to superior courts

Question 13

-WDP4: rigid and unreliable when…

Answer 13

lower courts are bound to an undesirable decision of a superior court