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Thousands of students throughout the world take up "Corporate and Business Law" exam in the hope of
passing it for the first time. Students cram a lot of laws without understanding its application and use.
This article is about Case Law according English Law. It is one of the most crucial topics for this exam.

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Basically, according to lay man terms Case law is a law which is devised through years of criminal and
civil cases being decided by UK courts. Best part of this law is that it has been created through issues
which have besieged UK locals for many years. This law has proven to be very useful in saving time for
UK courts which are busy round the year serving UK public as fast as they can.

You may be thinking then UK legal system should process cases mush faster by applying case law
BLINDLY therefore providing quick justice to the poor and destitute. Well it does not work that way.
Every decision made by previous court is carefully scrutinized and only then it is applied. Any decision
made by a higher court cannot be overturned by a lower court but lower court͛s decision can be
overturned by a higher status court.

There are many advantages and disadvantages of Case Law. Some are stated below.

  
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As stated before, it saves time of the judiciary, lawyers and their valued clients because cases don͛t need
to be re-argued in front of a judge. Money of potential litigants is saved because they don͛t need to
appear in a court (therefore saving huge court expenses) and has only to check their solicitor or barrister
on how will their court case may proceed or be decided according to previous cases which is in light of
case law.

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Maintaining confidence in objectivity of the legal system is very important and this law provides for it.
Cases with same facts and points are decided in accordance with previous cases and thus providing
consistency in legal system. (Too many changes in law are never good for the public as we can see that
example in almost every third world country).

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This law is one the reasons why public is so certain and trust UK legal system. If an employee wins a legal
case against his company, then that employee and others like him can be assured of safety under this
law and companies would also treat their employees in accordance of the verdict, therefore providing
an environment where both parties can work for the betterment of country rather than scratching at
each other͛s necks.
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This refers to the fact that the various mechanisms by means of which the judges can manipulate the
common law (that is CASE LAW) to provide them with an opportunity to develop law in particular areas
without waiting for parliament to enact legislation.


  
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The degree of certainty provided by case law is destabilizedby the huge number of cases that are
reported and used as authorities. This uncertainty is even increased by the fact that judiciary has to
decide which case should be used as authority and usually this process turns out to be very hectic.

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If a law in relation to any particular area is set on the basis of an unjust precedent, then it means
consequences would be bore by people for that particular unjust law. Recently it has been recognized
that there can be a possibility of rape within a marriage, this fact was not considered in previous cases.


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This particular point has been argued many times over by legislators that the judiciary may be crossing
its theoretical constitution role by basically making law rather than carrying on with its role of simply
applying it.