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It means that a similar case, or cases, containing similar circumstances has been decided previously and the judge can consider this previous decision (i.e.- (precedent) in coming to his decision.
Wiki User
∙ 6y ago
Wiki User
∙ 13y ago- Provides certainty and consistency in the application of law.
- Judges have clear cases to follow.
- Lower courts follow higher courts.
- It also leads to an orderly development of the law. Only the Lords can overrule it's previous decisions and the hierarchy of the courts ensures that lower courts follow higher courts.
- Case law of real situations - viable statute law and therefore rule and principles are derived from everyday life. This means that it should work effectively and be intelligible.
- The law can develop. There is flexibility.
- Saves time - avoids unnecessary litigation.
Wiki User
∙ 14y agothe advantages of case law are:
1-Certianty
2- Flexible
3-Existence of a wealth of real material
4-provision for future growth
5-practicablity
Wiki User
∙ 10y agomerits and demerits of judiciary
Wiki User
∙ 11y agoAdvantages of judicial precedent
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What are the importance of precedents cases?
Precedents cases a case previously decided that serves as a legal guide for the resolution of subsequent cases.
What law is based on operating through the use of individual cases as precedents for future decisions?
Case law is based on the precedents and and legal principles applied by other courts in previous cases.
What are the importance of casing?
Precedents cases a case previously decided that serves as a legal guide for the resolution of subsequent cases.
Are precedents the final decisions?
Precedents are the decisions in cases in the PAST. These past cases are used and applied to cases in the courts to provide certainty and consistency in the system of law and justice (no matter what legal system this is regarding).
What is the legal term used to not overturn precedent?
The doctrine of stare decisis (Latin: Let the decision stand) encourages courts to adhere to established precedents when deciding cases.
What are the differences between legal writing and non legal writing?
Legal writing is used to determine precedents, to set peremiters and legalize determining factors...
Is the principle of stare decisis irrelevant to the hierarchy of courts making decisions?
No, the principle of stare decisis, which means to stand by things decided, is relevant in the hierarchy of courts. Lower courts are usually bound to follow the legal precedents set by higher courts within their jurisdiction. This helps ensure consistency and predictability in the law.
Why do state judges follow precedents of federal laws?
Because in United States courts (federal) and most state courts (except Louisiana) we follow a common western legal system known as "Common Law" with bases itself on previous standing interpretations of a law (aka precedent)
What important function serves the supreme court in the US federal government?
It has original jurisdiction over, and therefore the power to resolve, disputes between states. -Apex
Do judges use precedents when deciding a case in a common law legal system?
yes
How are precedents made?
Precedents are established by previous court decisions in similar cases. When a court decides a case, its reasoning and decision can serve as a precedent for future cases with similar facts or legal issues. Over time, a body of precedents forms the common law in a legal system.
What can a legislature do in making law that a court can not do in making precedents?
A legislature can create new laws, amend existing laws, or repeal laws through the legislative process, whereas a court can only interpret existing laws and create legal precedents based on those interpretations. Legislatures can also adapt laws to changing societal needs or values, while courts are constrained by the laws that are in place.
