Doctrine of Precedents INTRODUCTION It is very difficult‚ if not 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
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which assumed control over the legal elements of the House of Lords in 2009. “Binding precedent relies on the legal principle of stare decisis. A stare decisis means to stand by things decided. It ensures certainty and consistency in the application of law. Existing binding precedents from past cases are applied in principle to new situations by analogy.” There are three components required for a point of precedent to work. First one is that an effective arrangement of law reporting must be accepted
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Judicial Precedent What is it? Process by 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
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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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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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P6: Binding Precedent: A precedent from an earlier case that must be followed even if the later judge doesn’t agree. When a higher court makes a decision‚ it is a binding that all courts who are lower. R V DUDELY and Stevens (1884): The two shipwrecked men kill and ate the cabin boy‚ later both men were convicted to murder. The ratio Decidendi: The ratio Decidendi is binding on lower courts and stands in contrast to obiter dicta. The court gave three reasons for refusing a defence of necessity
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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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The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case of Donoghue v Stevenson[1932] AC 562‚ (Case summary). The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Austalian
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problems A. COMMON LAW AND THE DOCTRINE OF PRECEDENT 1. The three meanings of the term common law 2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter dictum 4. The rules of precedent 5. What is necessary to make precedent work? e. law reports f.
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Judicial Precedent (Case Law) The nature of judicial precedent In examining the development of our law reference was made to the role played by the judges in its evolution‚ the common law and equity being the product of judicial reasoning in that they have both evolved through the system of case law whereby law is made for the purpose of the decision of the specific case before the court. It is natural that if a similar dispute should arise again then the previous decisions should be used as
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