factors that affect courts

Question 1

what are the 4 factors that affect courts?

Answer 1

• doctrine of precedent
• judicial activism/conservatism
• cost and time in bringing a case
• requirement for standing

Question 2

what are the strengths and weaknesses of the doctrine of precedent?

Answer 2

strengths:
- doctrine creates consistency and predictability
- superior courts have more flexibility in applying precedent

Question 3

what is judicial conservatism?

Answer 3

it is the idea that courts should show restraint or caution when making decisions or rulings that could lead to significant changes in the law.

• judges shouldn’t base decisions on what they perceive to be the community’s views on an issue
• it allows parliament to make more thorough and educated law reform on controversial issues.

Question 4

what is judicial activism?

Answer 4

it is the idea that judges have a willingness to consider a range of social and political factors when interpreting the law and making decisions.

• some see it asnecessary to truly achieve justive as all elements of the situation must be considered before decision is made
• courts can make more radical changes in the law that the community is not ready for

Question 5

what is cost and time?

Answer 5

• cost of legal representation depend on complexity of case
• lodging a civil case incures costs such as filing fees, hearing fees and jury costs

time: in the courts making law they have the ability to make law relatively quickly once a case is brought before them.
- cases can be delayed if it is complex and need many evidence.

Question 6

what is requirement for standing?

Answer 6

courts must wait for party to pursue a case before they can create precendent and make law.
the party needs a standing (directly affected) in order to commence legal proceeding