Task 3 Report or essay format What is judicial precedent How do judges avoid judicial precedent What are the advantages of judicial precedent What are the disadvantages of judicial precedent MERIT: Find out how a proposal for a new law becomes a bill Understand what a ‘green paper’ and a ‘white paper’ are Learn the differences between a public bill and a private bill Find out about the different stages that the bill has to pass through‚ such as first‚ second and third reading Find how a bill is
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Critically discuss the extent to which Judicial Precedent shapes English law and how Statutory Interpretation contributes to such a process. The English legal system is a common law system‚ where the decisions of sitting judges in a case have future influence over future courts. Judicial Precedent binds judges by past decisions of higher courts‚ stare decisis‚ and they abide by them. This could be said to create a consistent and fair system i.e. a body of legal principles. Statutory Interpretation
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Chapter 1 Review Legal Environment 1. Describe the 4 primary sources of law: a. Constitutional- Federal Supreme law of the land. Gives us our rights‚ outlines powers of government and delegates powers to different branches of government. b. Statutes- Federal and State Laws. Uniform Laws: codified laws written down. The Uniform Commercial Code (UCC) facilitates commerce and governs trade in state‚ out of state‚ and on Indian reservations. c. Administrative rules and regulations- Federal
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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 i.e.‚ 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. RATIO DECIDENDI AND OBITER DICTUM The decision or judgement of a judge
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lower courts. The doctrine of binding precedent‚ stare decisis‚ (stand by things decided) is at the core of the legal system. The Superior Court is at the top of the legal pyramid and its decisions bind all lower courts‚ except on civil cases involving European law where the European Court of Justice is the court of last resort. Below the Superior Court‚ we have the Court of Appeal‚ and it is generally bound by its decisions. Next‚ there is the High Court‚ which consists of the three divisional courts
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jp is a process whereby judges are required to follow the rules of law established in previous cases decide by courts of equal status or higher where the legal principle established is the same and the facts or points of law are sufficiently similar every court is In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine
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THE ENGLISH COURT SYSTEM THAT COMES FROM ITS FOUNDATION AS A COMMON LAW COUNTRY. English law maybe defined as a body of rules‚ created by the state binding within its jurisdiction and enforced with the authority of the state through the use of sanctions parliament‚ it is responsible for creating most of the law applicable in the u.k‚such law is contained in acts of parliament or statutes‚increasinly the content of much of this law is determined by the European union‚ and in this respect parliament
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facts of the case and your opinion of their potential liability. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy’s case that impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia. To: Ted More CEO From: Priority: High Date: October 12‚ 2014 Re: Virginia Pollard Case Mr. Moore
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which judges follow the decisions of previous cases if material facts are sufficiently similar Operates through the doctrine stare decisis – to stand by what has previously been decided Why do we have it? Certainty/predictability – ensures justice is done Allows lawyers to predict outcome & advise clients People have full knowledge of the consequences How does it operate? In order for the doctrine to operate effectively it needs: 1. Effective law reporting – must be accurately recorded so
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University of London Common Law Reasoning and Institutions Essay Title: ‘Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Discuss Judicial precedent is a judgment or decision of a court which is used as an authority for reaching the same decision in subsequent cases. In English law‚ judgment and decisions can represent
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