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Sunday, February 24, 2019

Assess the Advantages of Judicial Precedent Essay

The first advantage of judicial precedent is deduction this means the natural lawyers are able to predict the outcome of the case collectible to Judges following the same rules and the same Ratios this is a good subject as it means Lawyers could prepare clients for the worse or the better(p) to the best of their ability, and this could save time and money as well. Sir Rupert Cross-Doctrine of precedent has a busy emphasis on rigidity and certainty. Another advantage is flexibility the law is able to develop in ways that reflect social and proficient circumstances and does not have to wait for the permission from Parliament, it also allows the common law system to respond to brisk situations like in Mcloughlin OBriens case where the Supreme Court extended the law on nervous shock to cover new situations within the case. Consistency, this means that kindred cases are dealt with in the same way, and this makes the law fair and credible and makes our levelheaded system respecte d in other countries.Another would be its strong and reals with real life situations, case laws deal with situations that arise in example real facts in real situations unlike statues and if an unforeseen situation arises, judge can refer to existing precedents and adapt the law to meet the new situation. Another advantage would be Original precedents, this allows for new or reliable precedents to be created and this occurs when there is no previous decision on the liaison or case and this thereof means an original precedent therefore makes legal provision on a matter for which there was no previously no. In Gillick V West Norfolk and Wisbech Area health Authority the House of Lords had to decide whether or not girls under 16 could be prescribed contraceptives without parental consent. This matter had not arisen before the courts before, and fantan had provided no guidance.

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