Precedent

Understanding the principles of Locus Standi. Is there any longer need to keep the principle of Locus Standi in the English Law? Under the Civil Procedure Rules, an application for Judicial review will only be admissible if permission or leave for Judicial Review is obtained from the High Court and Locus Standi also known as legal standing is one of the conditions to be satisfied to obtain leave for Judicial Review in English Administrative Law. The recommendation by the Law Commission was…

First released in 1941, Citizen Kane follows the life of Charles Foster Kane through a series of flashbacks in an attempt to uncover the mystery of his last words. Audiences are challenged to think about the correlation of wealth and love by observing the life of Charles Foster Kane. He was happiest when he was young, poor, and held the affections of his mother; as time progress the absence of maternal love could not be filled with money. Kane blames his cold caretaker for his lack of normalcy…

In this case, precedent cases played a huge role. The reason is that the scope of this case is relatively narrow. A person in the stands was hit by a foul ball and the person did not elect to sit behind a screen. Therefor, any case in which a person was hit with a fly ball will pretty much determine the results of this case. The first precedent case cited is Karen Friedman and Robert Friedman v. Houston Sports Association. In this case, the Friedmans were out at an Astros baseball game.…

court system are, ought to be viewed while keeping past rulings with coinciding facts in mind for the purpose of preserving precedent. Precedent is a core principle of the judicial decision making process that uses past relevant cases as the standard for ruling in future cases with similarities and should be implemented as it produces consistency among rulings. Furthermore, precedent can be appropriately applied in this instance since the men charged with assault in the cases Joyner v. Joyner,…

there is a standard for overturning prior precedent—looking at “factual, cultural, and economic changes, reliance interests, and the change in the legal environment.” While there is not a precise line that must be reached in order to automatically trigger the Court to overturn stare decisis, the problems that exist with an archaic rule will keep progressing until a new solution is formulated.…

1. The issue in this case is if the Drobner v. Peters case should be used as a precedent to dismiss the Woods v. Lancet case, that is whether or not an infant plaintiff could recover damages for injuries allegedly sustained in the mother’s womb during the ninth month of pregnancy resulting in serious injuries, permanently damaging the infant. Citing Drobner v. Peters, the Special Term granted the motion and dismissed the suit on the grounds that infant plaintiff’s failed to state a cause of…

society as well as legislative enactments. The hierarchy of the courts is particularly important to the doctrine of binding precedents that showcases various advantages and disadvantages in common law. Common law is much dependent on the doctrine of binding precedent. The term precedents refers to previously decided cases (Abbot,Pendleburry & Wardman, 2002) The term binding precedents is established due to the fact that judges always have an inclination to create laws; however it is not the…

law the Common Law sources must not be overlooked. c) The Statutory sources of Law are constituted in three sources. This includes European legislation, UK legislation and Scottish legislation. The Common Law contains sources which are Judicial Precedent, Institutional Writings, Custom and Equity. 2. a) Statute is a word used to describe the action of a written law taking place by legislation. These laws are made by people who we…

been settled incaution or by distinguishing precedents while the higher courts restrict the lower courts with its decision. The first disadvantages of doctrine of binding judicial precedent is rigidity. A lower courts must follow a prior precedent even it is wrong and also the cases may not go on for appeal to a higher court. The chances of amending the previous result may be lost and the judges must give a good reason for denying the previous precedents. The other disadvantages is hard to…

Australia is judged by what degree it achieves justice in regards to fairness and equity. This is exemplified through the concept of judicial precedent. There needs to be an organized system to which the doctrine of precedent can apply. If there was no court hierarchy, all courts regardless of their status, were able to set precedent, the doctrine of precedent would become nonsense as previous minor offenses would have power over the decisions of major criminal cases. With the existence of a…