Positives and negatives of judicial precedent Flashcards

1
Q

What are 5 advantages of judicial precedent?

A

Certainty - law is predictable, promoting ADR
Consistency
Fairness
Flexibility - bad precedents avoided using practice
statement
Time-saving - Predictability encourages ADR, saving
time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are 4 disadvantages of judicial precedent?

A

Rigidity
Complexity- judgements are long
Illogical Distinctions - on minor points
Slowness of growth - must wait for case to come along

How well did you know this?
1
Not at all
2
3
4
5
Perfectly