Weaknesses Of Law Making Through The Courts Flashcards Preview

3/4- Legal > Weaknesses Of Law Making Through The Courts > Flashcards

Flashcards in Weaknesses Of Law Making Through The Courts Deck (7)
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1
Q

Courts can only make law when an appropriate case comes before them

A

Courts must wait until a party decides to pursue a case before they can create precedent

2
Q

Changes in court made law can be slow

A

Changes in particular areas of law can be slow to develop. Eg- negligence

3
Q

Finding precedents can be difficult

A

Finding relevant precedents can be very time consuming

4
Q

Courts may be bound by previous decisions

A

A courts ability to change the law may be restricted by precedents

5
Q

Courts make laws ex post facto

A

Courts make laws retrospectively; deciding on situations that have already taken place

6
Q

Courts are not an elected body

A

Judges are not elevated thus not representative of the people

7
Q

Courts are not able to investigate an area of law

A

Only Parliament is able to investigate changing a body of law

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