judicial precedent advantages

Question 1

certainty

Answer 1

Stare decisis, some decisions are guaranteed.

Question 2

flexibility of law

Answer 2

higher courts can over rule precedent. EG in R v Shiverruled decision in anderson v ryan as it was incorrect, and set a new precedent.

Question 3

response to real life situations

Answer 3

precedents come from real life cases, acts come from hypothetical. R v R is a precedent (marital rape), that was made because public thought it was no longer acceptable.

Question 4

allows for judicial creativity

Answer 4

original precedent allows judges to make new laws. Donoghue v Stevenson created negligence.