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Judicial Precedent

Advantages and Disadvantages of Precedent

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Overview

Recall questions on how precedent brings consistency, certainty, flexibility, practical rules and saved time, and on its rigidity, the volume of case law, retrospective effect, dependence on litigation and illogical distinctions.

What you need to know

Answer each one before you reveal it.

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Key term

How does the complexity and volume of case law create problems for judicial precedent?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    How does judicial precedent promote consistency and fairness in the law?

    Model answer

    By requiring courts to follow established legal principles, similar cases are decided in similar ways, treating like cases alike.

  2. 2

    Why does judicial precedent provide certainty and predictability?

    Model answer

    Because established principles allow people to plan their affairs knowing how the law will likely be applied to their situation.

  3. 3

    How do distinguishing and overruling provide flexibility within the precedent system?

    Model answer

    They allow courts to avoid applying inappropriate precedents or correct past errors, enabling the law to adapt to changing circumstances.

  4. 4

    Why is it said that judicial precedent produces detailed practical rules?

    Model answer

    Because legal principles are developed from real disputes and actual facts, creating rules that address practical situations.

  5. 5

    How does judicial precedent save time in legal proceedings?

    Model answer

    Established principles can be applied to new cases without having to argue every point of law from scratch.

  6. 6

    Why can rigidity be a disadvantage of judicial precedent?

    Model answer

    Bad decisions may persist and continue to be followed until a higher court overrules them or Parliament intervenes.

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The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
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