Legal Principles Of Vertial Stares, Vs. Horizontal Stare Decisis
The legal principle or rule made by a court which leads judges in sebsequent cases with similar issues or facts. To present as precedent for a pending case, a preceding decision must have a similar question of the law and factual situation. The judges are required to follow and apply the principle in past decisions to a current case which have similar situation. There are two principle which is Vertical Stare Decisis and Horizontal Stare Decisis. Generally, Horizontal Stare Decisis is the court have to binds itself to prior decisions. Horizontally is a court usually an appellate court is restrain by its own earlier decisions, the decisions of its predecessor and the decisions of courts of co-ordinate jurisdiction. For example, if Federal Court
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identical cases will be handled in the same method. This is essential to allow the system a awareness of justice and to generate and form the system acceptable to the public. This is refer to the fact that “ all cases will be handled equal and justify like other case and not subjected to favor of a particular individual judges.
Judicial precedent is flexible. There are some of ideal to avoid and bypass predecents and this allow or premit the system to modify and to adapt to new situation and circumstances. In order to change the law to adapt the changing society, the laws must be flexible and case laws can make amendment faster than in parliament proceeding. There are numerous machanisms by means of which judges can manage to manipulate or form the Comman Law provide with a favorable circumstances to establish the law in particular areas without expecting for the Parliament to execute legislation.
Judicial precedents is accurate in specified. There is a abundance of cases to which to refer. Case laws react to the acctual situation and circumstances. Case laws shows a clear detailed application of law to different circumstances and are more instructive and informational than statutes which are generally theory and logics
identical cases will be handled in the same method. This is essential to allow the system a awareness of justice and to generate and form the system acceptable to the public. This is refer to the fact that “ all cases will be handled equal and justify like other case and not subjected to favor of a particular individual judges.
Judicial precedent is flexible. There are some of ideal to avoid and bypass predecents and this allow or premit the system to modify and to adapt to new situation and circumstances. In order to change the law to adapt the changing society, the laws must be flexible and case laws can make amendment faster than in parliament proceeding. There are numerous machanisms by means of which judges can manage to manipulate or form the Comman Law provide with a favorable circumstances to establish the law in particular areas without expecting for the Parliament to execute legislation.
Judicial precedents is accurate in specified. There is a abundance of cases to which to refer. Case laws react to the acctual situation and circumstances. Case laws shows a clear detailed application of law to different circumstances and are more instructive and informational than statutes which are generally theory and logics