Advantages of Precedent Flashcards
1
Q
What are the advantages of the precedent?
A
- Certainty.
- Consistency and fairness in the law.
- Precision.
- Flexibility.
- Time-saving.
2
Q
How is the law certain?
A
The courts follow past decisions.
3
Q
In what circumstances is the certainty of the law useful?
A
- People know what the law is and how it is likely to be applied in their case.
- Allows lawyers to advise clients on the likely outcome of their case.
- Allows people to operate their business knowing that financial arrangements they make are recognised by law.
4
Q
How is consistency and fairness in the law an advantage?
A
Makes the law credible.
5
Q
How is the law precise?
A
- Principles of law are set out in actual cases.
- Gradually builds up through the different variations of facts in the case.
6
Q
How is the law flexible?
A
- The Supreme Court can use the Practice Statement to overrule cases.
- Distinguishing gives all courts some freedom to avoid decisions and develop the law.
7
Q
How is the precedent time-saving?
A
Where a principle has been established, cases with similar facts are unlikely to go through the lengthy process of litigation.
