decisis 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
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theory 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
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and define the doctrine of “Stare decisis”. Stare decisis means to stand by previous decisions in Latin. The doctrine of stare decisis is a doctrine of precedence and has two aspects: 1) definitional or substantial – the principle of law is found in the precedence called the ratio decidendi: the narrowest and necessary legal principle upon which a legal decision was based. This is the aspect of the case that binds future courts and must be followed. 2) Structural: what precedent cases must be
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stand by decisions and not to disturb settled matters”. This principle can thus be aptly described to be that of applying the ratio decidendi of similar previous cases to that of future cases. 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
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CLASS NOTES By Leslie A. Beck COMPARATIVE LAW CIVIL LAW VS. COMMON LAW AREAS OF COMPARISON Differences that you should be aware of Property Law Sources of law and method of judicial reasoning Property Law Civil Law You are either the absolute owner‚ or you are not. 3 components of absolute ownership usus (latin term) i.e. use Right of use fructus ie. enjoyment of revenues Right to enjoy revenues abusus ie disposal Right to dispose of that thing dismemberment This does not mean that the absolute
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advantages and disadvantages of delegated legislation as a form of law making. (10 marks) Topic: Judicial Precedent 1 0 Briefly explain hierarchy of the courts and ratio decidendi. (10 marks) 1 1 Briefly explain how‚ and when‚ judges can avoid having to avoid a precedent: by overruling a precedent and by distinguishing a precedent. (10 marks) 1 2 Discuss advantages of judicial precedent. (10 marks) Topic: The Civil Courts and other forms of dispute resolution 1 3 Sarah has been seriously
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been many cases that have made an effort to abolish segregation. Two cases that didn’t just make an effort‚ but did just that were Plessy vs. Ferguson and Brown vs. Board of Education. They were related to each other as well because one changed the precedent established in the other. They also helped the country identify more with freedom than slavery. The Plessy vs. Ferguson case happened in 1892 and was about a man named Homer Plessy who was an octoroon. He bought a ticket and sat in a whites only
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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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written and accessible set of laws that cover all aspects of activity through codified legal principles and rules. These codified rules are usually created through the political apparatus‚ the court system is usually inquisitorial‚ not bound by precedent‚ and the law is administered by a specially trained judiciary with a limited authority. The judicial role is to INTERPRET the law. Roman law was one of the first major civil law systems‚ and the Germanic codes that had developed from the 6th
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contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation‚ refer to British Railway Board v Pickin . The objective of judges is to not make law but simply declare what the law had always been. Acts of Parliament are the highest form of authority and the courts hands are tied by it. But through the doctrine of precedent‚ the judicial function of declaring and applying the law has a ‘quasi-legislative effect’. The rules of precedent themselves
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