law summary
Law
What is judicial precedent?
It is a judgment of a court of law named as an authority for deciding a similar set of facts; a case, which serves as authority for the legal principle represented in its decisions.
A judicial precedent is a decision of the court used as a source for future decision-making.
Latin terminology Stare Decisis
The whole doctrine is based on “stand by what you decide” which promotes fairness, consistency and certainty.
Simply, just stand by your own previous decision.
Ratio Decidendi
The reason for the decision, this forms the binding part of the precedent for future judges to follow if facts are similar.
Obiter Dicta
The remainder of the judgment- Things simply said “by the by” does not have to be followed. Simply, just routing back on how you got your answer.
House of lords are the non-elected judges that are able to change or create new law. This could become a controversial issue and society doesn’t decide upon the decision, it only revolves around it.
Many advantages and disadvantages for this.
Firstly judges are legal expert (of course they will have great knowledge of law), so decisions made will be judicious. Also reasoning must be made before confirmation of the law, this means it will take a long process before the law is official as it must go through many other judges.
In addition, laws could be changed immediately if necessary, so if a case is seen as unfair due to righting issues such as Donogue vs. Stevenson 1932, this will solve the issue of unfairness seen in the court of law.
On the other hand, the judges could bring in own prejudice, it may not be fair all the time. In an event of a bias situation it will not be fair on the defendant. Aldo more power will be given to the HOL compared to other courts and the laws made could be unpredictable whether it can be good or bad.
Case
Donogue vs Stevenson 1932 ( House of lords)
The claimort drank a bottle of ginger
What is judicial precedent?
It is a judgment of a court of law named as an authority for deciding a similar set of facts; a case, which serves as authority for the legal principle represented in its decisions.
A judicial precedent is a decision of the court used as a source for future decision-making.
Latin terminology Stare Decisis
The whole doctrine is based on “stand by what you decide” which promotes fairness, consistency and certainty.
Simply, just stand by your own previous decision.
Ratio Decidendi
The reason for the decision, this forms the binding part of the precedent for future judges to follow if facts are similar.
Obiter Dicta
The remainder of the judgment- Things simply said “by the by” does not have to be followed. Simply, just routing back on how you got your answer.
House of lords are the non-elected judges that are able to change or create new law. This could become a controversial issue and society doesn’t decide upon the decision, it only revolves around it.
Many advantages and disadvantages for this.
Firstly judges are legal expert (of course they will have great knowledge of law), so decisions made will be judicious. Also reasoning must be made before confirmation of the law, this means it will take a long process before the law is official as it must go through many other judges.
In addition, laws could be changed immediately if necessary, so if a case is seen as unfair due to righting issues such as Donogue vs. Stevenson 1932, this will solve the issue of unfairness seen in the court of law.
On the other hand, the judges could bring in own prejudice, it may not be fair all the time. In an event of a bias situation it will not be fair on the defendant. Aldo more power will be given to the HOL compared to other courts and the laws made could be unpredictable whether it can be good or bad.
Case
Donogue vs Stevenson 1932 ( House of lords)
The claimort drank a bottle of ginger