Preview

Judicial Precedent

Good Essays
Open Document
Open Document
1048 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Judicial Precedent
Introduction:

Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided. In practice, this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law.

It is desirable that similar cases should be decided in a similar manner because consistency is an important element of justice. Moreover, judicial experience is that the practice of following previous decisions result in improved efficiency. The precedent on an issue is the collective body of judicially announced principles that a court should consideration when interpreting the law. When a precedent establishes an important legal principle or representative new or changed law on a particular issue, that precedent is often known as a landmark decisions.

Stare decisis (Anglo-Latin pronunciation): /ˈstɛəri dɨˈsaɪsɨs]) is a legal principle by which judges are obliged to respect the precedents established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed. “In a legal context, this is understood to mean that courts should generally abide by precedents and not disturb settled matters. This doctrine requires a Court to follow rules established by a superior court. The doctrine that holdings have binding precedence value is not valid within most civil law justice as it is generally understood that this principle interferes with the right of judges to interpret law and the right of the legislature to make law
Law made by judges: The

You May Also Find These Documents Helpful

  • Powerful Essays

    a legal principle by which judges are obliged to respect the precedents established by prior decisions…

    • 1942 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Case 1: Mahe Vs. Alberta

    • 1127 Words
    • 5 Pages

    Requirement 1: The definition of precedent is an earlier event or action that is regarded as an example or guide to be considered in subsequent or similar circumstances. Requirement 2: Case 1: Mahe v. Alberta Summary: The Mahe v. Alberta case is on the concept of language rights. The ruling is notable, as the court established that section 23 of the Canadian Charter of Rights and Freedoms guarantees minority language education rights to French-speaking communities outside Quebec.…

    • 1127 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    1. The precedent of “Stare Decisis” was adopted in the State vs. Pendergrass. Stare Decisis means stand by what has been decided. An analogy that was used to create precedent in the first place would have been the protection of established authority or the maintenance of hierarchical relationships. The way this precedent was brought about was the idea that children needed to be disciplined if necessary.…

    • 507 Words
    • 3 Pages
    Satisfactory Essays
  • Best Essays

    Precedents are a past case that is used as an example or as guidance as it has similar facts and circumstances. There are 3 types of Precedents; Original, Binding and Persuasive. They can be used instead of statutory laws in civil cases. They are created when a new case, which has never been trialled in the UK courts. An example of this was the London bombings in 2005. The rulings for this trial will now be applied to future cases, similar to this. Judges look at a previous case, which is similar and in an equal or higher court and they will then use this information to decide…

    • 1917 Words
    • 8 Pages
    Best Essays
  • Good Essays

    The best way that I can think of to describe precedent is that if someone went to prison for stealing now, but a case from the past is brought up where someone committed the same exact crime but did not get a prison term, this case could be brought up as precedent in order to change the prison sentencing(Miller &…

    • 375 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Week1 Busn 420

    • 350 Words
    • 2 Pages

    At the heart of the common law system is the doctrine of stare decisis, which translates to “let the decision stand.” Stare decisis creates precedent and thus, when a court has decided a case in a particular way, future cases should be decided the same way. However, stare decisis will only apply if the facts of the case are substantially similar to the prior case. Precedent acts as a major guide for judges when hearing similar cases.…

    • 350 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    MGMT 217

    • 2186 Words
    • 9 Pages

    Doctrine where the law of precedent is used in guiding decision making in present cases before the court…

    • 2186 Words
    • 9 Pages
    Better Essays
  • Satisfactory Essays

    Precedent-a principle or rule established in a previous legal case that is either binding on or persuasive ruling…

    • 523 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    paralegal

    • 1529 Words
    • 6 Pages

    Precedent is prior decisions of the same court or a higher court that a judge must follow. Stare decisis “ Stand by the thing decided” Related to the concept of precedent; Rule that a court should apply the same legal principle to the same set of facts and apply it to later cases that are similar…

    • 1529 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    Precedent: an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.…

    • 1135 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Legal Studies VCE Unit 2

    • 342 Words
    • 2 Pages

    It develops through the doctrine of precedent where the reasons for decisions of courts are followed by future courts.…

    • 342 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Business Law Quiz

    • 1491 Words
    • 6 Pages

    In a suit between Delta Data Company and Eagle Information, Inc., the court applies the doctrine ofstare decisis . This requires the court to find cases that, compared to the case before it, has…

    • 1491 Words
    • 6 Pages
    Satisfactory Essays
  • Good Essays

    On a deeper level – means to be fair and just; you may need to…

    • 1161 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Precedent generally refers to some prior action that guides what is done with the action today. As the judges decisions were recorded and passed around, this lead to more continuity and predictability with verdicts in court by judges. As this took place not every case had to be heard if there was an earlier decision on the issue. They referred back to the earlier decision for the case without hearing the current case.…

    • 728 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Stare decisis means to stand by previous decisions in Latin. The doctrine of stare decisis is a doctrine of precedence and has two aspects: 1) definitional or substantial – the principle of law is found in the precedence called the ratio decidendi: the narrowest and necessary legal principle upon which a legal decision was based. This is the aspect of the case that binds future courts and must be followed. 2) Structural: what precedent cases must be followed. Rupert Cross wrote a book called “precedence in legal law” and described the structural component of the stare decisis as “every court is bound to follow nay case decided by a court above it in the hierarchy of courts and appellate courts are bound by their own decisions save and except the court of Canada and the House of lords.…

    • 399 Words
    • 2 Pages
    Satisfactory Essays