3.3.5 Strengths and Weaknesses of Law-Making through the Courts Flashcards Preview

Legal Studies 3/4 > 3.3.5 Strengths and Weaknesses of Law-Making through the Courts > Flashcards

Flashcards in 3.3.5 Strengths and Weaknesses of Law-Making through the Courts Deck (14)
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1

Strength 1:

A decision must be made

2

A decision must be made:

Courts must settle disputes that come before them. Therefore courts provide an immediate response to what the law should be in relation to a particular issue

3

Weakness 1:

A case must come before the court.

4

A case must come before the court:

Courts cannot determine what the law is unless a case is brought before them. Courts cannot comprehensively research, review and make sweeping changes to the law.

5

Strength 2:

Flexibility

6

Flexibility:

Courts have some flexibility in avoiding or developing precedent through RODD.

7

Weakness 2:

Rigidity

8

Rigidity:

Courts may be bound by old precedent, which could lead to unjust results. Unless a court is considering a novel situation, it must follow an existing precedent. The methods of avoiding precedent are limited in nature. Disapproving doesn't change precedent. Overruling is only available to higher courts.

9

Strength 3:

Consistency

10

Consistency:

The Doctrine of Precedent allows some levels of consistency in decision-making. Similar cases with similar facts need to follow precedents in higher courts, enabling fairness and predictability.

11

Weakness 3:

Uncertainty

12

Uncertainty:

Where the law is unclear, parties may not know how the law will be applied until after a dispute arises and is resolved by the courts.

13

Strength 4:

Ultra Vires

14

Weakness 4:

Abrogation

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