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What are the advantages of the relatively modern legal concepts of common law, stare decisis, and trial by jury?

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Answer: The legal concepts of common law, stare decisis, and trial by jury have numerous advantages, some of which are outlined below:

Common law: Common law is a legal system in which judicial decisions are based on previous court rulings, rather than on legislation. The advantages of this system include consistency in legal decisions, as judges are required to follow the precedent set by previous cases. Additionally, common law allows for flexibility in the legal system, as judges can adapt and change the law to better suit current circumstances.

Stare decisis: Stare decisis is the legal principle that courts should follow the precedent established by previous court rulings. The advantages of this principle include consistency in legal decisions, as judges are required to follow the precedent set by previous cases. Additionally, stare decisis provides stability in the legal system, as it ensures that the law is not constantly changing.

Trial by jury: Trial by jury is a legal process in which a group of citizens is selected to hear evidence and make a decision in a criminal or civil trial. The advantages of this system include the following:

  • It provides a check on the power of the government and ensures that decisions are not made by a single individual.

  • It allows for a diversity of perspectives, as the jury is composed of individuals from different backgrounds and experiences.

  • It promotes transparency in the legal system, as the trial is conducted in a public forum.

  • It helps to ensure that the law is applied fairly, as the jury is made up of ordinary citizens who are not legal experts.

Overall, the legal concepts of common law, stare decisis, and trial by jury provide numerous advantages, including consistency, flexibility, stability, and fairness in the legal system.

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