Precedent

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  • Judicial Precedent Essay

    Judicial Precedent When critically analysing to what extent the doctrine of Judicial Precedent affects Judicial Law making, one must first contemplate what the doctrine of Judicial Precedent is. The doctrine of Judicial Precedent is fundamentally a rule that all lower courts are to be bound by the decision or ratio decidendi of the higher courts. As a result of this, cases that are alike are decided in a similar way. However, it is not this simple, as it will be seen throughout this essay that a lot more circumstances are involved that affect the judicial law making process. Judicial Law making (otherwise known as common law) is law that is made within the courts that judges decide on creating. Through relevant case law and journal articles…

    Words: 1085 - Pages: 4
  • Essay On Judicial Precedent

    This Essay will explore how judge made law (Stare decisis) evolved in England and Wales through the doctrine of legal precedent. Judicial precedent is regarded as the most important source of law that offers predictability, uniformity, equality, certainty and convenience. Judicial precedent though has negative attributes. Case law is notoriously slow to change through rigidity and only repealed through an appellate court or legislation. Legal precedent is known by the Latin ‘Stare decisis et…

    Words: 1215 - Pages: 5
  • Task 1: Judicial Precedent In Law

    Task 1 Judicial precedent is based on the Latin maxim: stare decisis, meaning 'let the decision stand '. Precedent in law is to follow a previous judgment or decision that has been made in court. This is recorded in a law report, and used as an authority for reaching the same decision in subsequent cases. This makes precedents binding, and therefore they must be followed through the court hierarchy, from the Supreme Court down to the Magistrates. Distinguishing a case means a court decides the…

    Words: 2205 - Pages: 9
  • Ratio Decidendi Essay

    established common law principle that a decision by a superior court should be binding on inferior courts, hence, the ratio of past cases are legally binding on subsequent cases. This concept is called precedent and it is designed to give effect to the fact that the English law to some large extent is based on case law, and that case laws are not mere materials which a judge takes into consideration when making a decision on a particular case. Binding precedents are obtained from the legal…

    Words: 1645 - Pages: 7
  • Should Judges Make Law

    Historically, parliament should make the law and judges simply apply the law, this fits in with the separation of powers theory. Blackstone 's dictation theory also states this. Judges create law by precedent and statutory interpretation. Under the Literal Rule judges have very little scope for judicial creativity as they are limited to giving words in the Act of Parliament their plain, ordinary, grammatical meaning from a standard English dictionary, this means judges are following the exact…

    Words: 1958 - Pages: 8
  • Whistleblower Protection Case Studies

    is that Congress has clearly delegated to the agency in §114(b) when stating the procedure for enforcement. Congress typically delegates enforcement of whistle-blower protection in the U.S to the OPA, which they clearly did in this situation. After establishing that Congress has clearly and expressly delegated to the OPA, this court must decide whether Congress gave the agency the authority “ to speak with the force of Law” (Mead) when interpreting the Statute. Congress has indeed given the…

    Words: 2005 - Pages: 9
  • Mcgoeown Case Study

    Case Note: McGeown v NSW Land and Housing Corporation Ⅰ INTRODUCTION The doctrine of precedent plays a major role in a common law system and only this system makes its law by this principle. McGeown v NSW Land and Housing Corporation is a case involving the doctrine of precedent as well as the interpretation of the common law system. It is clear to the court that there was no real dispute between the parties about factual matters, however the issue at trial was whether the applicant breach the…

    Words: 1426 - Pages: 6
  • Separation Of Power In The Uk Essay

    impose on law making functions that belong to Parliament as they use their own opinions and understanding to make decisions in cases and the decision in a case is believed to be law. Another method judges use to make laws is judicial precedent. Judicial Precedent is a process where judges in lower courts on the hierarchy for example, the High Court follow the decisions made in previous cases which hold the same or similar facts . There are two types of precedent. Binding precedents are…

    Words: 2479 - Pages: 10
  • Essay On Appellant Jurisdiction

    Original and appellant jurisdiction are both major factors in court cases. There are several key differences between the two however. Original jurisdiction is held by the court that hears a case first, usually a district court. Appellant jurisdiction is held in the circuit courts and is so called because a case can be appealed to the circuit courts to judge if the defendant’s due process right was violated or not. As mentioned previously, district courts hold original jurisdiction, but they only…

    Words: 380 - Pages: 2
  • Analysis Of Dworkin On Judicial Discretion In Hard Cases

    cases”, where there is no pre-existing or unambiguous rule. To this matter, Hart’s brilliant student Ronald Dworkin offers an alternative theory, which argues that judges do not have discretion and should follow principles instead of rules, even in “hard cases”. This report will put forth Dworkin’s case and evaluate his premises by discussing important arguments that exist both in favour and against them, in terms of theoretical soundness and practical feasibility. To begin with, Dworkin…

    Words: 910 - Pages: 4
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