Judicial Precedent - Evaluation Flashcards

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1
Q

Explain 3 advantages of Judicial Precedent

A

1) Certainty - Law is predictable
2) Consistent - Like cases are decided alike promoting a sense of justice
3) Development - The law can evolve to changing Social attitudes

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2
Q

Explain 3 Disadvantages of Judicial Precedent

A

1) Rigidity - Binding decisions can restrict individual justice
2) Slow Growth - Developments depends on litigation
3) Bad Precedents - Need other case or Act of Parliament to correct it

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