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Law Paper One Short Questions > Judicial precedent > Flashcards

Judicial precedent Flashcards

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1
Q

Advantages 12 marks

A

Certainty
Consistency
Precision
Flexibility
Saves time
Filling in gaps

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2
Q

certainty why

A

due to practise statements

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3
Q

certainty means

A

Judges follow past decisions
Lawyers can advise clients

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4
Q

Certainty case

A

Jones

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5
Q

Consistency why

A

law must be consistent to be credible

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6
Q

Consistency means

A

Just and fair cases decided same way

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7
Q

Precision why

A

illustrated well with gradual build up

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8
Q

Precision means

A

Principles of law set out in actual cases

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9
Q

Precision case

A

Stevenson

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10
Q

Flexibility why

A

Judges can overrule previous precedent

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11
Q

Flexibility means

A

Law keeps updated with changes in society

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12
Q

Flexibility case

A

Merritt

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13
Q

Saves time why

A

Lawyers clearly advise
Lengthy process of changing legislation is avoided

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14
Q

Saves time case

A

R

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15
Q

Filling in gaps

A

Judges can decide cases to fill up spaces.

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16
Q

Filling in gaps example

A

Occupiers liability before 1984

17
Q

Filling in gaps case

A

B

18
Q

Disadvantages 12 marks

A

Rigid
Complex
Violates parliament supremacy
Illogical distinctions
Slowness to growth

19
Q

Rigid

A

Lower courts bound by higher courts
Change in precedent is limited
Courts refuse than stuck with precedent

20
Q

Rigid case

A

Jones

21
Q

Complex

A

Million reported cases so difficult to cross refer.

22
Q

Complex case

A

Rickards

23
Q

Violates parliament supremacy

A

Judges able to make precedent goes against going through parliament.

24
Q

Violates parliament supremacy case

A

R

25
Q

Illogical distinctions

A

Lead to excuse not to follow decision.

26
Q

Slowness to growth

A

Only 50 cases go through Supreme Court a year.

Law Paper One Short Questions (5 decks)

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