Discuss the Advanages and Disadvantages of Precedent

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Discuss the advantages and disadvantages of precedent. There are a variety of different advantages and disadvantages of doctrine of precedent. One advantage of precedent is that is impartial and equal when knowing how to treat similar cases, therefore it provides consistency throughout cases. This fairness is essential as there is a principle that we should all have access to justice and the courts. This principle would be made more difficult to succeed if it there was one law for the rich and one for the poor. Another advantage is that it helps give the defendant an idea of what is going to happen when they go to appeal at court. This benefits the system to provide certainty so that the lawyers are able to give more accurate advice and information to their clients; which will be an advantage to them, as they can make informed decisions about starting their claim(s). This is essential because issues of costs are likely to be involved and any question of whether to continue with a court action may have to be balanced with the chances of success and the probable charges involved. Moreover, precedent is a permanent process so therefore it helps save time. This is because someone has already done the research and set the precedent before, so the current judge doesn’t have to. However, a disadvantage of precedent could be that the courts system has to follow the errors which the higher courts have made; this is called per incuriam. Another disadvantage is that the system is rigid in some areas as there are only limited methods of avoiding precedent. This in turn leads to the criticism that the law is too slow to develop and does not keep pace with social change and developments in society. Also, the system is quite complicated as there is no room for other judge’s opinions. A final disadvantage of precedent is that they have to follow out-dated laws, which could
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