Judicial Precedent: AO3

Question 1

What does stare decisis create?

Answer 1

Certainty
Lawyer able to advise clients correctly
Upholds ROL providing A2J

Question 2

What is given to judges?

Answer 2

Flexibility
PS and exceptions from Young allows judges to depart from previous decisions and create law when change is needed
Distinguishing, reversing and per incurium alos gives courts some freedom to avoid decisions, pevents bad laws, removes outdated decisions

Question 3

What does JP promote?

Answer 3

Consistency
Saves money in court, don’t have to do lengthy litigation
Restores confidence in law and upholds ROL, save P time when judges update law

Question 4

Public policy

Answer 4

Uphold public policy

Question 5

What is stare decisis?

Answer 5

Rigid as there’s little flexibility to depart
Lower cours bound by higher courts
SC reluctant to use PS, limited exceptions with Young
Law less likely to updated effectively

Question 6

Why is is complex?

Answer 6

Sheer volume of cases makes it difficult to understand
Half a million reported cases, hard to find all relevant case law on an issue
Old language

Question 7

Slow development

Answer 7

Can take yrs for relevant case for apear before a court which has the power to change the law, unfair and unjust decisions
If CoA had more power to depart from own decisions, would be a higher change of development

Question 8

What does JP conflict with?

Answer 8

SoP
Judicial Creativity
However, judges are extremely experienced