5082718
Description
Mind Map by personal.sapch, updated more than 1 year ago
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Created by beth.clough
over 8 years ago
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Copied by personal.sapch
over 8 years ago
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Case Law
- Disadvantages
- Unconstitutionality:
Making law rather than
restricting themselves to
the role of applying it
- Fixity: The law in
relation to any
particular area
may become fixed
on the basis of an
unjus precedent,
with previous
injustices
perpetuated
- Uncertainty: the degree of
certainty can be
undermined by the vast
amount of cases reported.
Increased by the ability of
the Judiciary to select
which authority to follow
- Unconstitutionality:
Making law rather than
restricting themselves to
the role of applying it
- Advantages
- Consistency: This is
an aspect of justice
where cases are
decided on certain
basis
- Flexibility: Judges can manipulate
the Common Law, and this is
achieved through the possibility of
previous decisions being overruled
or distiguished, or a later court
extending or modiyng the ambit of
the precedent
- Efficiency: This refers to
the fact that it saves the
time of the Judiciary,
lawyers and clients for
the reason that cases do
not have to be reargued
- Certainty: Lawyers
and their clients are
able to predict what
the outcome of a case
is likely to be in the
light of previous
judicial decisions
- Consistency: This is
an aspect of justice
where cases are
decided on certain
basis
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