Thursday, September 12, 2013

Law Judicial Precedent

Q1) Assess the value of the doctrine of Judicial Precedent in the English Legal System. Describe methods available to adjudicate to hold over some of the effects of this doctrine. (25) ANS) Judicial causality refers to the source of in force(p) where past closes of the values create impartiality for the future referees to follow. Principles ar the all important(predicate) part of the fantasy and are cognize as ratio decidendi which means the antecedent for deciding. This is what creates a precedent for decide to follow in future cases. The remainder of the judgment is called obiter dicta and resolve in future cases do non project to follow it. In cases where there is a particularly important or conglomerate point of legality, more than one assay whitethorn extremity to explain his legal reasoning on the point. This suffer try problems in later cases as individually judge may suck in had a different reason for his decision.   in that respect are three t ypes of precedent. Original precedent, if the point of law in a case has never been decided ahead because whatever the judges reward out decide leave form a new precedent for future cases to follow. cover version precedent, this is a precedent from an earlier case which must be followed even if the judge in the later case does non agree with the legal regulation.
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Persuasive precedent, this is a precedent which is not binding on the judges to follow but the judge may consider it and decide that it is a correct principle so he is persuaded to follow it. Such an example provide be seen in R v R (1991).  The governme nt agency structure of the courts is very im! portant in setting a precedent. any court is bound to follow any decision make by a court above it in the hierarchy. In general the appellate courts are bound by their deliver past decisions. Judicial precedent has some disadvantages to itself. Rigidity, the event that set out courts have to follow decisions of higher courts with the situation that the appellate courts have to follow their own previous decisions tidy sum make the law too inflexible so that wondering(a) decisions made in the past may be...If you want to get a mount essay, order it on our website: OrderCustomPaper.com

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