& disadvantages of following the practice of precedent in a legal sense. Answer:- The doctrines of binding precedent is concerned with the importance of case laws in English legal system. If one case has decided a point of law then it is logical that solution will be looked at in the future. The American Judge‚ Oliver Wendell said ‘the life of the law has not been logic it has been experience’‚ Miles Kingston put it another way: binding precedent means ‘A trick which has been tried before successfully’
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Doctrine of Judicial Binding Precedent This question raises the issue of the role of precedent. In order to examine the statement‚ scrutiny of the doctrine of the judicial precedent is required. Case law is used to describe the collection of reported decisions of the courts‚ and the principles which stem from them. Lord Macmillan made this observation that the case by case development is superior to those based on hypothetical models. “.....any fixed theory and that principles always fail because
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tradition is built on the doctrine of Stare Decisis ("stand by decided matters")‚ which directs a court to look to past decisions for guidance on how to decide a case before it. This means that the legal rules applied to a prior case with facts similar to those of the case now before a court should be applied to resolve the legal dispute. The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon precedent contributes predictability
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Binding Precedent The English Legal System is hierarchical whereby the decision of a higher court binds 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
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........................................... 2 The Hierarchy of Courts in Mauritius .................................................................................... 3 The Judicial Committee of the Privy Council (JCPC) ........................................................ 3 The Supreme Court ........................................................................................................... 4 The District Court .................................................................
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Doctrine of precedent is recognized in Indian legal system also. The main principles of doctrine of precedent as applicable in India are: 1. All inferior and subordinate court is bound by the decision of the High courts to which they are subordinate. Decisions of other High court are of only persuasive value for the subordinate court. Thus High court can bind only those inferior courts which are within their territorial jurisdiction. As for example district courts of Delhi are bound to follow the
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point is on the Hierarchy of the courts. In this point I will explain the different ’levels’ there are in the English system. My second point is Stare Decisis and what it is. This point is made up of several questions that I will answer; why have binding precedent? What has to be followed? That is Obiter Dicta and Ratio Decidendi? What is persuasive precedent and who uses it and how it is used? When is a judge bound? Can the Stare Decisis be avoided? And lastly: How has Stare Decisis handicapped the
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disadvantages of the doctrine of precedent and how 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
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DOCTRINE OF PRECEDENT AND STARE DECISIS What do you understand by precedent in the English legal system? It is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. What are the advantages and disadvantages of having a legal system based upon the doctrine of precedent instead of having a legal system based upon codified law? Advantages 1. Provides certainty in law. 2. Judges have clear
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The doctrine of judicial precedent has been at the heart of the English legal system being a form of certainty for judges to follow long standing precedent which in fact‚ only slowly evolved and nurtured. Judicial precedent refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. However‚ there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been
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