overruled. Until the judge-made law is overruled‚ it is considered as a precedent and stands as a decision on non-statutory points of law‚ and is subjected to the same rule of stare decisis. The reason why we have judicial precedent is that most of the English laws are derived from the statutes and common law. It then falls into the hands of the judges to interpret them and evolve the law to make a better law. Judicial precedent‚ known also as the judge-made law‚ has two meanings. Firstly‚ it means
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It is important to first illustrate how the common law doctrine of stare decisis works. Vertical Stare decisis is where a decision of that of a higher court is binding on the lower courts. However‚ horizontal stare decisis does not exist where a prior High Court decision is not binding on the High Court. Neatly summed up by Lord Gardiner in the Practice Statement ‚ with judges following past decisions that are recognized as legally binding‚
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Case Summary Union of India v. Raghubir Singh SCHOOL OF LAW CHRIST UNIVERSITY BANGALORE- 560028 2012-2013 NAME: VIVEK.K.R REGISTER NO: 1216044 CLASS: 1 BA LLB A Identification Name of the case: Union of India (UOI) and Anr. Vs. Raghubir Singh (Dead) by Lrs. Etc. Jurisdiction: Appeal From the Judgment and Order dated 06.12.1984 of the Delhi High Court in Regular First Appeal Nos. 113 and 114 of 1968. Level of the deciding Court: Supreme Court Date of decision: 16.05.1989 Equivalent
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During Jefferson’s Presidency two things changed “Jeffersonian Democracy”‚ the War of 1812 contributed because until the war hawks and a growing desire to obtain Florida and Canada Jefferson did not want to get involved in war with Europe‚ and the Louisiana Purchase also changed his views because he was very Constitutional and when the treaty for the Louisiana Purchase was presented it was argued to be Constitutional. Americans in the South wanted to gain Florida and the people in the North wanted
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constitution to draft law. However in the last few decades there has been a notion that judges make law.A judge is a public official appointed or elected to hear and decide legal matters in court[2]‚ Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions. In carrying out this task‚ a judge can use any of the following three sources of Ugandan law‚ Acts of Parliament or legislation‚ the common law‚ or previous decisions by the courts
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b) Unwritten Law Written Law Unwritten Law Syariah Law - Federal Constitution - Principles of English Law - State Constitution - Judicial Precedents/ Decisions - Legislation - Native /Customary Law - Subsidiary Legislation HIERARCHY OF COURTS Superior Courts Subordinate Courts -Federal Court -Sessions Court -Court of Appeal - Magistrates
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judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts 3)trial by the jury and the doctrine of the supremacy of the law(originally meant king above law‚now means acts of governmentall agencies are subject to scruting in ordinary legal proceedings) 4)everything is permitted which is not prohibited by law 5)binding ‚overruling through same court or legislation Judicial precedents derive their force from the doctrine of stare decisions[lat=stand
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Introduction 2 1.2 Offer 2 1.3 Counter offer 4 1.4 Option contract 4 1.5 Acceptance 5 1.6 Postal Rule 5 Question 2:. 7 2.1 What is Judicial Precedent? 7 2.2 Hierarchy of Precedents 8 2.3 Limitations and Types of Judicial Precedent 9 2.4 Advantages and Disadvantages of Judicial Precedent 10 2.5 Contributions of Judicial Precedent 12 3.0 References 14 Question 1 On 13 September‚ Fiona‚ a newly qualified dentist‚ receives the following note from her uncle: 10 Park Street
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SOURCES OF LAW INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM SOURCES OF LAW The sources of Malaysian law refer to the legal sources i.e. the legal rules that make up the law in Malaysia. The sources of Malaysian law comprise: 1)Written law; and 2)Unwritten law Federal and State Constitutions Written Legislations & Delegated Legislations SOURCES OF MALAYSIAN LAW Judicial Decision English law Unwritten Islamic law Customary Law SOURCES OF LAW: UNWRITTEN LAW Unwritten law
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THE DOCTRINE OF JUDICIAL PRECEDENT Module: Business Law Module tutor: G Arruda Group presentation: Annette Warner‚ Kelley-Ann Lamey‚ Kevin Gyamera 12th November 2012 CONTENTS PAGE • Introduction 3 • What is the EU? 4 • Types of EU legislation 5 • Legislation of the European Union 6-7 • The Supremacy of EU Law 8 • Treaty of Rome – direct effect Case example 9 The Judicial Precedent – Advantages & Disadvantages 10 • What is the Judicial Precedent 11
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