Judicial Precedent Evaluation

Question 1

Advantage
Certainty+consistency

Answer 1

HoL pointed out important in practice statement
Fair + just decision every time, predictable outcome

Question 2

Advantage
Precision

Answer 2

Law reports are precise, many precedents to follow
Ensures predictability, reduced unfair outcomes

Question 3

Advantage
Flexibility

Answer 3

Room for law to change e.g overrule lower courts
Ensures fair outcome if past precedent unjust

Question 4

Advantage
Time-saving

Answer 4

No need for lengthy process if past precedent
Less time, judge more cases, less stress+cost on parties

Question 5

Disadvantage
Rigidity

Answer 5

Lower courts must follow past precedent
Must follow outcome even if unjust, rare to reach S.C

Question 6

Disadvantage
Slow development of law

Answer 6

Can’t reform areas unless a new case
Law can’t adapt to modern society fast enough

Question 7

Disadvantage
Uncertainty

Answer 7

Can abuse distinguishing to highlight tenuous differences
Unpredictable outcome, law seems less reliable

Question 8

Disadvantage
Retrospective law making

Answer 8

R v R- was legal at time but new precedent made using him
Make law seem unfair and unreliable- D unaware of actions being illegal