Week 3 - Advantages of the System of Judicial Principles Flashcards
1
Q
What is the system of judicial precedent?
A
Where the common law is being built based on the idea of where a judge is making the decision in the hierarchy of the courts
2
Q
What are the __ advantages?
A
- flexibility
- decisions
- judges
- application
- certainty
3
Q
Flexibility
A
The ability to distinguish cases - they can find in most cases that the previous decision shouldn’t be followed because it doesn’t match up
4
Q
Decisions
A
Assured that high quality decisions are being made - got experienced judges who, through their decision, also ensure other courts stay on track
5
Q
Judges
A
Hope that only very able people can become judges
6
Q
Application
A
The law is consistently applied, thanks to the other factors, CREATING CERTAINTY