AQA A-Level Law 7162
The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Restrictions and EnforcementHuman rights
Reform of Human Rights LawHuman rights
Judicial Precedent
Advantages and Disadvantages of Precedent
- 1 thing to know
- All three papers
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.
Questions from this subtopic
Each one with the model answer underneath.
- 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
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
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
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
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
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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