Mapa mental
Case Law
Conteúdo do mapa
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
Informações
- Descrição
- System English Legal System Mapa Mental sobre Case Law, criado por personal.sapch em 09-04-2016.
- Criado por
- personal.sapch
- Visualizações
- 5
- Tags
- Histórico
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- Criado por beth.clough · 9 abr 2016
- Copiado por personal.sapch · 9 abr 2016
- Avaliação