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'Our common law system of law-making ensures that similar cases with similar fact situations receive similar rulings by judges.' Critically evaluate the effectiveness of this process of law-making by the courts, and justify your conclusion - VCE - SSCE Legal Studies - Question 13 - 2007 - Paper 1
Question 13
'Our common law system of law-making ensures that similar cases with similar fact situations receive similar rulings by judges.' Critically evaluate the effectivene... show full transcript
Worked Solution & Example Answer:'Our common law system of law-making ensures that similar cases with similar fact situations receive similar rulings by judges.' Critically evaluate the effectiveness of this process of law-making by the courts, and justify your conclusion - VCE - SSCE Legal Studies - Question 13 - 2007 - Paper 1
Step 1
Critically evaluate the effectiveness of this process of law-making by the courts, and justify your conclusion.
Answer
The doctrine of precedent is a cornerstone of the common law system, requiring judges to follow previous rulings in similar cases. This fosters consistency and predictability in legal outcomes, which is crucial for upholding the rule of law.
Strengths of the Doctrine of Precedent
- Consistency and Certainty: By adhering to established rulings, the law remains stable, allowing individuals to navigate legal systems with a degree of confidence.
- Flexibility: While the doctrine provides a framework, judges can interpret laws and adapt precedents to evolving societal values and circumstances.
- System of Checks: The appellate system serves as a mechanism to ensure that erroneous decisions can be reviewed and corrected, maintaining the integrity of the law.
Weaknesses of the Doctrine of Precedent
- Rigidity: There can be instances where judges feel compelled to follow outdated precedents, even when the societal context has dramatically changed, which can lead to unjust results.
- Judicial Discretion: Variability among judges can result in different interpretations of similar cases, potentially undermining the aim of providing consistent rulings.
- Case Saturation: With an increasing backlog in courts, it can take significant time for cases to be resolved, impacting the timely application of the law.
In conclusion, while the doctrine of precedent is fundamentally effective for maintaining consistency in law-making, its rigidity and potential for outdated interpretations highlight the need for occasional reform.
Step 2
Critically evaluate the extent to which the jury system contributes to an effective legal system, and justify your conclusion.
Answer
The jury system, characterized by the participation of ordinary citizens in legal proceedings, plays a significant role in the Australian legal framework.
Advantages of the Jury System
- Public Participation: The jury system embodies democratic principles, allowing the community to engage directly in the justice process, thus reflecting societal values.
- Decision-Making: Jurors bring diverse perspectives to cases, which can enhance the fairness of deliberations and promote a balanced outcome.
- Perceived Legitimacy: Trials conducted with a jury are often viewed as more legitimate, fostering public trust in the legal system.
Disadvantages of the Jury System
- Potential Bias: Jurors may carry personal biases that can influence their decision-making, which could skew the fairness of the trial.
- Complexity of Evidence: Jurors might struggle to understand complex legal concepts and evidential nuances, potentially impacting their ability to deliver just verdicts.
- Manipulation Risks: There is a risk of external influence or media sway affecting a jury's deliberation process.
In conclusion, while the jury system enhances community involvement and maintains the perceived legitimacy of the legal process, challenges such as bias and evidential complexity must be addressed to ensure its effectiveness.