The doctrine of binding judicial precedent The practice of following precedent is also known as ‘doctrine of stare decisis’ (stand by what has been decided). Precedent can either be declaratory precedent or original precedent. When a case is brought before a Court‚ the facts of the case has to be established by the court. After the facts are established‚ the judges will formulate and apply the relevant legal principle (the law) and reach their conclusion and decision. In accordance to doctrine this
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Stare decisis is one of the most important doctrines in common law. It is the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty‚ consistency‚ and stability in the administration of justice.1 More specifically‚ it has been defined as "to stand by decided cases; to uphold precedents; to maintain former adjudications."2 In Latin‚ the term translates to "to stand by that which is decided." As practiced in the United States‚ the rule of stare decisis
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Federal Constitution b. the 13 Constitution of the States comprising the Federation c. Federal law made by Parliament d. State laws made by State Assemblies e. Federal and State Subsidiary Legislation f. Principles of English Law g. Judicial Precedent/ h. Islamic Law 1.10.1 FEDERAL CONSTITUTION Malaysia has a written constitution unlike the United Kingdom. The Federal Constitution is the supreme law of the land. Generally‚ any law which is inconsistent with the Federal Constitution is invalid
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legal 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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a certain extent‚ through their decisions made within the parameters of certain doctrines that provide consistency and guidance (Lewis‚ 2012). Two such doctrines are the judicial precedent and the statutory interpretation. The judicial precedent is a major source of law that follows a Latin phrase “stare decisis” which refers to the obligation of courts to honor past precedents (Tufal‚ 2012). These past precedents are able to affect the development of law‚ as they can be binding‚ persuasive or
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the doctrine means that a judge who is hearing a particular type of case does not have to make a decision using simply his or her own knowledge of the relevant legal rules‚ but that similar previous decisions can be consulted to guide and justify the conclusion reached in the instant case. Whereby a judge in a lower court is aware of a decision of a higher court which sets precedent in an analogous case‚ then this previous decision must be followed‚ and it is this element of binding precedent which
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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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foundational principle in the U.S. legal system sets a base for favoring the adherence to precedent in order to establish a consistent and stable courtroom climate.
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Miss. Aruna Adiley ------------------------------------ ACKNOWLEDGEMENT It is a matter of great pleasure for me to submit this report based on my project in “Part performance of the legal Method –Precedent” which I do feel will be an asset throughout my life. I am grateful and express my sincere thanks to Jain Sir & sona mem‚ for giving me the opportunity to collect data and information about the project and helping me through various means in
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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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