Text c Advantages and Disadvantages of Case Law

Task: read the text, focus on its main points.

The system of Case Law is peculiar to England and the countries which have derived their law from England. Its essential principle is the rule that decided cases are building authorities for the future. In other countries the judge is not bound by previous decisions of the same or any other court. The great advantages of a system of Common Law in the English sense are four:

1.  Certainty. The fact that decided cases are binding for the future makes it certain or highly probable that every future case which is essentially similar will be decided in the same way. People may therefore regulate their conduct with confidence upon the law once laid down by the judges.

2.  The possibility of growth. Where there is no system of Case Law the work of the judge is to develop new rules of law.

3.  A great wealth of detailed rules. Case Law is much richer in detail than any code of law can possibly be.

4.  The practical character. Case Law rules are the product of difficulties which actually arise in everyday life, they are practical in nature, not solely academic speculations.

The great disadvantages of Case Law are:

1. Rigidity. When a rule has once been decided, even though wrongly, it is difficult and sometimes impossible to depart from it. Flexibility is not a characteristic of Case Law.

2. Bulk and complexity. The fact that the rules of law are scattered over more than 2,000 volumes of law reports, makes the law extraordinary difficult to learn and apply.

Ex. 1. Put the following sentences in the logical order to speak about British case law.

1. The system of Case Law is peculiar to England.

2. People may regulate their conduct with confidence upon the law once laid down by the judges.

3. The rules of case law are practical in nature and arise in everyday life.

4. There are some disadvantages of Case Law.

5. The work of the judge is to develop new rules of law if there is no system of Case law (in the possibility of growth).

6. The law is extraordinary difficult to learn and apply because it is bulky and complex.

7. It is difficult and sometimes impossible to depart from the rule once has been decided.

Ex. 2. Complete the following table of notes.

Case Law
Advantages
To the judge	To the people
1. to decide the future case in the same way	1. to regulate the conduct
2.	2.
3.	3.
Disadvantages
To the judge	To the people
1. to depart from wrong judgement	1. to be sentenced wrongly
2.	2.
3.	3.