Essay about The Legal Principle Of Judicial Precedent

1580 Words Nov 28th, 2016 7 Pages
Judicial precedent is quite a broad doctrine in the English legal system, means a fundamental legal principle or decision made in a higher or lower court in hierarchy, the decisions made may usually influence the future occurrences by either becoming binding or persuasive precedents. The doctrine is highly influenced by three Latin legal terminologies which are; obiter Dicta, ratio decided and stare decisis. In the persuasive precedent where court is not obliged to adhere to was decided but may refer to it to make a better decision for example in the case of; R V Howe [1987] the house of lords ruled that duress would not be a defence in case of murder[ ratio decidendi] they also made relevant remarks[obiter ] that duress should not be a defence to attempted murder, Later in [1992]Ben Gotts was charged with attempted murder of his mother , Gott stubbed his in the back with a knife supplied by the father , he pleaded duress that his father had ordered him to kill his only mother. therefore, the court appeal ruled that duress was not defence to attempted murder, and his appeal was turned down, so the decision of the court of appeal was affirmed, by the House of lords in 1992.It is important to note that duress in this case of attempted murder was obiter or only persuasive at the time which meant that the court of appeal had a choice to adhere to the remarks or not.
As part of the judicial precedent is the hierarchy of courts, where the supreme court is the…

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