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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 effectivenes... 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 the law-making process by the courts
Answer
The doctrine of precedent plays a vital role in ensuring that similar cases receive similar rulings. This process contributes to consistency in the legal system, providing predictability that is essential for both the courts and individuals involved in legal matters. However, this system is not without weaknesses.
Strengths
- Consistency: The doctrine requires adherence to established precedents when facts are similar, ensuring stable interpretations of the law.
- Flexibility: While following precedents, courts have the ability to adapt the law to new circumstances, promoting a responsive legal framework.
- Judicial Independence: Judges are appointed independently, reducing the influence of external pressures and ensuring decisions are made based on legal principles.
Weaknesses
- Limitations of Precedent: Courts may only follow precedents relevant to cases brought before them, which can restrict legal development if new precedents are not established.
- Judicial Discretion: Judges may interpret precedents differently, potentially leading to divergent rulings for similar cases.
- Conservatism in Law: Some judges may be hesitant to alter established laws, even when change is warranted, perpetuating outdated legal principles.
In conclusion, while the doctrine of precedent provides a framework for consistency, its effectiveness can be influenced by various factors including judicial discretion and the pace of legal evolution.
Step 2
Critically evaluate the extent to which the jury system contributes to an effective legal system
Answer
The jury system serves as a cornerstone of the legal framework in Australia, promoting community involvement in the justice process. However, the effectiveness of this system is a topic of vibrant debate.
Advantages
- Community Representation: Juries incorporate the views and values of the community, enhancing the legitimacy of the legal process and its outcomes.
- Decision-Making: The collaborative nature of juries allows for diverse perspectives, which can lead to more balanced and fair decisions.
- Public Confidence: Jury trials foster greater public trust in the judicial system by demonstrating that peers are involved in adjudicating cases.
Disadvantages**
- Complexity of Evidence: Jurors may struggle to comprehend complex legal issues or technical evidence, potentially affecting their judgment.
- Secrecy and Influence: The closed nature of jury deliberations can lead to outcomes influenced by bias or misunderstanding, undermining the integrity of verdicts.
- Access to Justice: Not all cases are heard by juries, and the reliance on professional judges in some cases may limit the jury's role in the legal system.
Overall, while juries enhance citizen engagement within the judicial process, their contribution to an effective legal system is contingent upon addressing the challenges they face.