Judicial Precedent Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: First‚ stare decisis‚ which means to stand by the decided‚ whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases and appellate courts follow their own previous decisions. For example: The High Court must follow decisions of the Court of Appeal
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THE DOCTRINE OF BINDING PRECEDENT INTRODUCTION The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e.‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the
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PRECEDENT: Stare Decisis - Stand by the Decision The doctrine of judicial precedent is based on the principle of stare decisis‚ this means that like cases should be treated alike. 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 “Donoghue v Stevenson (1932)‚ The House of Lords held that the manufacturer owed the duty of care to the ultimate consumer of the product. This set a binding
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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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Judicial precedent: A judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision. The common law has developed by broadening down from precedent to precedent. A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and binding and must be followed. In giving
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I. Fallacies A. What are Fallacies B. Bandwagon Fallacy C. Either – Or Fallacy A fallacy is an error in reasoning in which the evidence given for the conclusion does not provide the needed degree of support. Fallacies are defects that weaken the speaker’s arguments when trying to persuade an audience while speaking. By preparing yourself to look for fallacies in your own and others’ writing you can strengthen your ability to avoid using fallacies. There are two important things to know about
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Let us return to the premium toilet soap market in India. Suppose research has discovered an emerging cluster of consumers-young‚ modern‚ well-to-do-who believe that a bath soap should have good-for-skin qualities‚ who even think well of traditional herbs like Neem‚ but would accept it only with much more pronounced cosmetic benefits in terms of perfume‚ lather‚ colour‚ shape and packaging. Recall our discussion on Margo in the previous chapter. Is it possible for a ’dressed-up’ Margo to aim for
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DOCTRINE OF PRECEDENT - LAW MAKING POTENTIAL More Judicial Precedent Resources: Judicial Precedent - Lecture Notes #1 THE JUDGES’ ROLE IN PRECEDENT The old view of the judges’ role was that they were merely ’declaring’ the existing law (the ’declaratory theory’). Lord Esher stated in Willis v Baddeley [1892] 2 QB 324: "There is ... no such thing as judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not
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INFORMAL FALLACIES FALLACIES IN GENERAL A fallacy is a defect in an argument that consists in something other than the false premises alone. Fallacies are usually divided into two groups: formal and informal. A formal fallacy is one that may be identified by merely examining the form or structure of an argument. Informal fallaciesare those that can be detected only by examining the content of the argument. Informal fallacies can be further classified as Fallacies of Ambiguities‚ Relevance‚ and
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Analysis Have you ever encountered the use of fallacies? Fallacies are present all of the time. The use of fallacies is common in today’s society. A fallacy is the use of poor‚ or invalid‚ reasoning for the construction of an argument. The use of fallacies can be found in most advertisements. Such as the Colgate Total advertisement which claims to fight plaque germs that other toothpaste brands let back. This piece of literature contains fallacies and persuasive techniques. Claims are made throughout
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