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Explain the operation of the doctrine of precedent and evaluate two strengths of this method of law-making - VCE - SSCE Legal Studies - Question 11 - 2006 - Paper 1
Question 11
Explain the operation of the doctrine of precedent and evaluate two strengths of this method of law-making. The doctrine of precedent is the set of rules that requi... show full transcript
Worked Solution & Example Answer:Explain the operation of the doctrine of precedent and evaluate two strengths of this method of law-making - VCE - SSCE Legal Studies - Question 11 - 2006 - Paper 1
Step 1
Explain the operation of the doctrine of precedent
Answer
The doctrine of precedent operates as a guiding principle in the legal system, whereby courts are required to follow the established decisions of previous cases (precedents). When similar cases are encountered, courts aim to reach consistent outcomes by adhering to the principles established in prior rulings. This fosters uniformity and predictability in the application of the law, which is essential for the legitimacy of the judicial process.
Step 2
Evaluate two strengths of this method of law-making
Answer
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Consistency and Predictability: One major strength of the doctrine of precedent is its ability to ensure that similar cases are decided in a consistent manner. This predictability allows individuals and organizations to have a clear understanding of the likely outcomes of legal disputes, promoting fairness in the judicial process.
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Efficiency in the Legal Process: Another strength is the efficiency it brings to the judicial system. By relying on established precedents, courts can save time and resources. Instead of re-evaluating the fundamental principles of law for every case, they can refer to existing rulings, thus streamlining the legal process.