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
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been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case law in our legal system. Black’s Law Dictionary defines "precedent" as a "rule of law established for the first time
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judges may make new law. Include 1 case where judges have made new law. The doctrine of precedent is an important feature of judge-made law (common law). This doctrine means that similar disputes should be decided by reference to the same legal principles‚ and that lower courts are bound to follow the decisions of higher courts within the same court hierarchy. There are both advantages and disadvantages of the doctrine of precedent and the way in which judges may make new law. An advantage of judge
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Lee Roach: Card & James’ Business Law for Business‚ Accounting‚ and Finance Students THE IMPORTANCE OF REFERENCING Whenever you engage in a piece of assessed work‚ be it a piece of coursework‚ an exam or a presentation‚ you will be expected to back up any contentions‚ opinions or statements of law you make with appropriate authority. This authority could take the form of a textbook‚ an article in a journal or newspaper‚ a website‚ a case or a section of legislation. The reasons why we reference
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impossible‚ to give a precise definition of Law. Many renowned jurists have held forth their own definitions of the term Law. Law‚ in the broadest and most comprehensive sense means a set of rules and norms and a standard of pattern of behaviour to which every individual of the society has to conform to. Another often quoted‚ although not widely believed‚ definition of Law is of that given by Austin according to which Law is the command of the ‘sovereign’. Sources of law may be classified into Legal and Historical
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a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision. The common law has developed by broadening down from precedent to precedent. A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and binding and must be followed. In giving judgment in a case‚ the judge
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this is necessary before continuing on my broader analysis. The program is a weekly podcast which focuses on one particular narrative. In this case‚ a murder in 1999 in which a 17 year old Pakistani male‚ Adnan Syed‚ manually strangled his ex-girlfriend‚ Hae Min Lee in the city of Baltimore after school one day in January. Adnan was convicted for this crime and sentenced to life in prison. The podcast revolves around the ambiguities of this case that still remain 15 years after the fact and whether
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Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere‚ more commonly referred to as ‘stare decisis’‚ meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
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Name: BTEC Level 3 Applied Law (Unit 2) Judicial Precedent P1: explain the application of judicial precedent in the courts You will need to know: What is judicial precedent? The development of the system The hierarchy of the courts The difference between ratio decidendi and obiter dicta The difference between binding and persuasive precedent How law reports are used What is judicial precedent? ………………………………………………………………………………………………………………………………………………………………………………………………
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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
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