lawyers had the opportunity to present their “respectful submission” on the applicable law and precedents before the judge would render his decision. The processions emphasized bringing all relevant evidence before the judge before he rendered his decision; this evidence came in the form citing specific statue law such as the criminal code and the details of precedent cases that had related issues. Precedent cases presented included Regina vs. Prince‚ Bar vs. Tours‚ and the Kienapple case which parties
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collective body of judge-made laws in a nation is also known as case law. Many nations allow judges to set legal precedents when making high court decisions‚ adding to the body of law in a nation and providing new interpretation of existing laws. Lower courts do not have the authority to make judge-made law. Only judges operating in appellate and other high courts are able to set legal precedents by either changing the way the courts interpret a law‚ or offering a new interpretation that expands an existing
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Question(A) JUDICIAL PRECEDENT Judicial Precedent is a decision of the court used as a source for future decision making. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. The doctrine of judicial Precedent did not become fully established until the second half of the nineteenth century. In the Common law Courts in the United Kingdom the procedure was to apply the theory of the common law‚ which as simply
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certain situation In order to help the judges with general words‚ Parliament has also passed the Interpretation Act 1978 which sets down some general rules for interpretation which consist of literal rule‚ golden rule and mischief rule.2 Judicial Precedent The system of judicial
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Question 1: Explain the different sources of Law in England. The legal system in the UK has expanded over many centuries and has also changed regularly during this period. The present UK law consists of four major sources that include the Interpretation of Statues (Acts of Parliament)‚ Common Law‚ European law and European Court of Human Rights. ‘These sources of Law have all one common element‚ influenced by political‚ social and technological change.’ (Open University‚ Block 1‚ Pg 89)
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The legal principle or rule made by a court which leads judges in sebsequent cases with similar issues or facts. To present as precedent for a pending case‚ a preceding decision must have a similar question of the law and factual situation. The judges are required to follow and apply the principle in past decisions to a current case which have similar situation. There are two principle which is Vertical Stare Decisis and Horizontal Stare Decisis. Generally‚ Horizontal Stare Decisis is the court have
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considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as ratio decidendi. The doctrine of precedent is based on stare decisis‚ meaning to stand by what has already been decided. On the other hand‚ judges can be creative. For example‚ judges can use distinguishing to develop the law. This is where judges
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Do judges make law or merely play a role in interpreting law? Discuss Judges do both. Judges interpret the statue law and they make the common law. There are two types of law one would be the primary law‚ which is also known as the statue law and the secondary law‚ which is also known as the common law. For the primary law it is created by the legislature‚ which is the parliament as the parliament has the power to make the statue because the people elected them. So the judges interpret the primary
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Model Answer 1 Every citizen is protected under the Federal Constitution which entrenches certain ‘fundamental liberties’. In this context‚ explain what is meant by ‘fundamental liberties’ and state the main liberties so entrenched in the Federal Constitution. (10 marks) (This question tests the candidates’ knowledge on ‘fundamental liberties’ as provided for in the Federal Constitution.) The phrase‚ ‘Fundamental Liberties’‚ refers to certain rights‚ which may be considered as basic and essential
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the doctrine of binding precedent means that judges declare what the existing law is. However many people think that judges actually make law‚ especially in the High Court of Australia. Write an essay of 1000 words stating whether you believe judges should make law and mention some arguments for and some arguments against this idea. I am of the opinion that judges in Australian courts should make law‚ within specified boundaries. Through the doctrine of precedent‚ the decisions that judges
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