the advantages of case law are:
1-Certianty
2- Flexible
3-Existence of a wealth of real material
4-provision for future growth
5-practicablity
the advantages of case law are: 1-Certianty 2- Flexible 3-Existence of a wealth of real material 4-provision for future growth 5-practicablity
what are the merits and demerits of srilankan labour laws
i need some answer for this title.. what do u guys think of the advantages of written law?
"Laws" are not derived from "case law" - DECISIONS are derived from case law.
Common law can either be case law that interprets legislative statutes, or it can be case law that is only based on principles from prior case law.
no
Common law is also known as case law or judge-made law.
Case law refers to common law. It is a law that is made by judges through the decision of the court.
Case law should be used as a means of interpreting statutory law. Statutory law is held higher than case law. Case law can be overturned in the process of interpreting and applying statutory law, but statutory law cannot be overturned, only amended. If analyzing law, see statutes first, and apply case law second as a means of defining the statute.
Case law in Kenya serves as a valuable source of law as it provides clarity and consistency in legal interpretations, ensuring that similar cases are treated alike. It allows for the evolution of legal principles through judicial decisions, adapting to societal changes and enhancing the responsiveness of the law. Additionally, case law offers practical insights into the application of statutes, guiding lower courts and legal practitioners in their decision-making processes. This dynamic nature helps bridge gaps in statutory law and fosters a more robust legal framework.
No. "Case law," also called precedent, controls a case only if it has not been superseded by statute. The only exception is case law regarding the constitution.
Judicial law, or case law, offers several advantages, including flexibility and adaptability, as it can evolve with societal changes and needs. It provides clarity and consistency in legal interpretation, helping to ensure fairness in similar cases. Additionally, judicial decisions can fill gaps in legislation, addressing issues that lawmakers may overlook. This dynamic nature allows the law to remain relevant and responsive to contemporary issues.