Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree‚ there are precedents for any
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The system gives all three branches a specific thing that they are in charge of looking over and making sure it is done correctly. For instance‚ the legislative branch is in charge of making the laws that everyone is expected to follow. Then‚ the judicial branch must interpret the laws so that everyone can clearly understand why it is a law. Lastly‚ the executive branch has to enforce the law and make sure that no one is breaking it. This system is used to prevent the government from becoming too
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Judicial control over administrative discretion in the case of preventive detention. SCOPE The scope of the project relates to analysing the role of judicial control over administrative discretion in the case of preventive detention. OBJECTIVES & AIMS To find out the reason for conferment of discretionary power on administrative authorities. To analyse the grounds where administration discretion can be challenged. To analyse the system of preventive detention in India. HYPOTHESIS
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INTRODUCTION: The doctrine of precedent‚ or stare decisis‚ lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts‚ a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court
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Judicial precedent signifies the practice whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent is a practice of the court that provides guidance to the judges when they apply case precedents. Black’s Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases‚ which helps provide certainty‚ consistency and
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The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon precedent contributes predictability to the law because it provides notice of what a person’s rights and obligations are in particular circumstances. A person contemplating an action has the ability to know beforehand the legal outcome. It also means that lawyers can give legal advice to clients based on settled rules of law. The use of precedent also stabilizes
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Question 6 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. Kiew Boon Yin Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court‚ it provides guidance to the judges when they apply case precedents. It also provides
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In future cases‚ Justices might choose to rule the case similar to its precedent or may decide to rule it differently. In either case‚ Justices exercise their personal ideology and their authority of interpretation to decide the case. For example‚ Plessy v. Ferguson and Brown V. Board of Education were two cases of similar subject
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look at the other branches of government and delineate why judicial is not the weakest. I will be referring to the legislative branch‚ the executive branch and the judicial branch in order to get a better understanding of each branch of government. The government branches consist of the Legislative branch‚ who’s main purpose is to create laws‚ the Executive branch‚ whose purpose is to is to carry out the laws and sign them‚ and the Judicial branch‚ whose main purpose is to evaluate the laws and determines
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A Square Peg in a Round Hole – The Suitability of Judicial Review as a Remedy for All Constitutional Wrongs Legal Citation Guide: McGill Law Journal’s Canadian Guide to Uniform Legal Citation‚ 7th Ed. 2 I. Introduction The Constitution of the Republic of Singapore is the supreme law of the land1‚ and establishes a form of parliamentary government based on the separation of the legislative‚ executive and judicial powers. However‚ while each arm of the government operates
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