JP Avdvantages

Cards (7)

  • Certainty
    allows lawyers to advise clients on the likely outcome of a case. This can also promote alternative ways of resolving disputes (ADR) in civil cases.
  • Consistency and fairness
    JP is seen as fair and just when like cases are treated the same. Parties to a dispute can see how a decision was made.
  • Precision
    principles of law are set out and build up in decided cases (ratio decidendi and legal tests) so the law becomes very precise
  • Flexablility
    being able to distinguish cases allows for flexibility as does the Practice Statement when the Supreme Court want to revoke bad decisions.
  • Time Saving
    Predictable outcomes from precedent may lead parties to use ADR instead of the court to resolve disputes thereby saving time and money.
  • Law can evovled with changing social attitudes
    R v R (1991), prior to this case, a husband could demand sex whether the wife wanted to participate or not which amounted to rape. Rape within marriage was now unacceptable in a changing society.
  • Details of JP can be added to statute
    R v Clinton (2012) clarified the law on sexual infidelity as not being a qualifying trigger.