Mind map
Case Law
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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
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
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- Description
- System English Legal System Mind Map on Case Law, created by personal.sapch on 09/04/2016.
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- personal.sapch
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- Created by beth.clough · Apr 9, 2016
- Copied by personal.sapch · Apr 9, 2016
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