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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.
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 is a foundational principle in common law systems, requiring courts to follow established legal precedents in resolving cases. This ensures consistency and predictability in the law. The main components of this doctrine include:
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Stare Decisis: This principle dictates that decisions made by higher courts are binding on lower courts, which must follow the established precedents when faced with similar cases.
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Ratio Decidendi: This refers to the legal reasoning behind a judgment, which becomes a binding part of that judgment and must be applied by lower courts in future cases.
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Similar Cases: The operation of the doctrine requires that similar cases must be decided in similar manners, thus providing fairness and uniformity in the application of the law.
Step 2
Evaluate two strengths of this method of law-making
Answer
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Consistency and Predictability: One of the key strengths of the doctrine of precedent is that it promotes consistency in the legal system. By ensuring that similar cases are decided similarly, it enhances predictability for individuals and legal practitioners, allowing them to plan their actions and legal strategies accordingly.
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Efficiency in the Legal Process: The doctrine also contributes to efficiency in the judicial system. As courts rely on established precedents, the time and resources required to reach a decision in new cases can be significantly reduced. This streamlining helps manage court workloads and leads to a more efficient legal process.