What is the advantage of CERTAINTY in precedent? Case?
The parties know the likely outcome - HERRINGTON V BRB - DUTY OF CARE IS OWED TO CHILD TRESPASSERS SO IN FUTURE CASES THIS PRECEDENT WILL BE FOLLOWED.
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What is the advantage of FAIRNESS in precedent? Case?
Similar cases are treated in the same way so "justice prevails" - shown in R V SHIVPURI 1986 - CAN ATTEMPT TP COMMIT THE IMPOSSIBLE SO THERE IS CERTAINTY IN THE LAW.
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What is the advantage of FLEXIBILITY in precedent? Case?
The law can change and develop - HERRINGTON V BRB OVERRULING ADDIE V DUNBRECK - updates the law with society's moral and ethical values
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What is the advantage of TIME SAVING in precedent? Case?
Case law can be referred to and is settled so therefore it is easy for judges to know what the law is - R V DICA - HIV AND SEX WITHOUT TELLING - BIOLOGICAL GBH - similar cases- judge can refer DICA
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What is the advantage of precedent being PRAGMATIC? Case?
Based on real cases - law is "live" - R V DICA -INFECTED LOVERS - ALLOWS FOR JUDICIAL CREATIVITY
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Other cards in this set
Card 2
Front
What is the advantage of FAIRNESS in precedent? Case?
Back
Similar cases are treated in the same way so "justice prevails" - shown in R V SHIVPURI 1986 - CAN ATTEMPT TP COMMIT THE IMPOSSIBLE SO THERE IS CERTAINTY IN THE LAW.
Card 3
Front
What is the advantage of FLEXIBILITY in precedent? Case?
Back
Card 4
Front
What is the advantage of TIME SAVING in precedent? Case?
Back
Card 5
Front
What is the advantage of precedent being PRAGMATIC? Case?
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