What are the benefits of case law?
Table of Contents
What are the benefits of case law?
Advantages of case law and judicial precedent Judicial precedent means litigants can assume that like cases will be treated alike, rather than judges making their own random decisions, which nobody could predict. This helps people plan their affairs.
What are the advantages and disadvantages of the doctrine of precedent?
It can be distinguished, or even overruled (if the court is at a sufficient hierarchy to be permitted to overrule – i.e. Supreme court). ADVANTAGES: -predictability -certainty -avoid ad hoc decision making DISADVANTAGES: -inflexibe -stagnation GENERAL DEBATE: certainty vs justice.
What are the disadvantages of judges?
Judges
| Judges | |
| Advantages Case hardened – as full-time As they have legal knowledge – they can get through cases much quicker | Disadvantages Expensive – paid Chosen from an educated part of society – Barristers and Solicitors – therefore not representative of the public |
What are the disadvantages of law?
Another disadvantage of law is that its Conservative Nature. Law is conservative in its approach. The Bar and Bench are generally conservative in their approach to the dispensation of justice. The result is is that very often the law is static. This is not conducive to a progressive society.
What are the defects of a legal system?
The first defect of a legal system is its comparative rigidity. Because of this rigidity law is to be applied without any allowance for special circumstances and without turning to the right hand or the left. The provisions of the law are not exhaustive.
What are the advantages of law in our society?
Reliability The first of the advantages of law is that it imparts uniformity and certainty to the administration of justice. It is vitally important not only that judicial decisions should be just, but also that people should be able, in most matters, to know beforehand the decision to which the courts of justice will come.
What are the characteristics of law?
The law is made for no particular person or for no individual case and so admits no respect of persons, which is incompatible with justice. All are equal in the eye of law irrespective of their ranks and position in society. It is necessarily impartial. It does not show any particular favour to any man.