Judicial precedent helps the court system to save time on future cases and increases convenience as a question once decided is settled. The fact that the lower courts in the hierarchy are bound to the higher courtssuperior courts and the fact that the COA has to follow its past decisions can make the.
Precedents
The ability of prospective litigants to likely predict the results of court process would make them to consider the option of settling their differences outside the court.
. 1 Case law being an outcome of continuous judicial process it is more in keeping with the needs of the society. The system is too strict and it does not allow the law to develop enough. Advantages of judicial precedent Advantages.
Case law makes a legal system certain and predictable. Judicial precedent is a source of law where the past decision has created a law for the judges to refer back for future guidance cases. This means the lawyers are capable of predict the finish result of the case as a outcome of Judges following the identical.
The main advantage of using precedent is that it provides certainty in the law. The precedents are based upon the principle that stare. What are advantages of judicial precedent.
It creates a system where. A rule can have kept for a long time even if it is out of date. Why is certainty an advantage.
For example the degree of certainty can be advised by the lawyers to their clients. If a case appears. The main advantage of using precedent is that it provides certainty in the law.
Case law facilitates consistency and uniformity in the. The advantage of precedent is that it allows for the law to grow to meet new situations and to be flexible to meet changing needs which therefore provides for the efficient operation of the. Next predictability is also one of the advantages of the doctrine of judicial precedent.
As cases with sufficiently similar material facts are bound by past. The use of precedent can save a lot of time because cases on similar facts are likely to be judged by the same precedent rather than be examined in great depth to determine the outcome. In addition judicial precedent is rigidity.
The advantages of judicial precedent is that it is applied uniformly across the courts the principles of law are reasonably certain though there is some flexibility the. Advantages Certainty If courts have to. Up to 24 cash back The first area we are going to cover is the good or badthe pros or consthe positives or negatives of judicial precedent.
- ConsistencyCertainty - Predictability - Flexibility - Detailed practical rules - Original Precedents How does judicial precedent. What are the advantages of Judicial Precedent. The first advantage of judicial precedent is certainty.
The first benefit of judicial precedent is certainty. Consistency and fairness 3. As cases with sufficiently similar material facts are bound by past decisions it provides an idea.
O Consistency and predictability the system provides fairness and justice as similar cases will be treated and decided in the same way as a. Consistency certainty and the predictability of law as well as its efficiency are suggested as the major advantages of the doctrine of precedent Bankowski. What are the advantages of judicial precedent.
However the advantages bring certainty which allows legal professionals to give more helpful advice such as merits of case and outcome of case regarding the law to their clients.
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