THE DOCTRINE OF JUDICIAL PRECEDENT Module: Business Law Module tutor: G Arruda Group presentation: Annette Warner‚ Kelley-Ann Lamey‚ Kevin Gyamera 12th November 2012 CONTENTS PAGE • Introduction 3 • What is the EU? 4 • Types of EU legislation 5 • Legislation of the European Union 6-7 • The Supremacy of EU Law 8 • Treaty of Rome – direct effect Case example 9 The Judicial Precedent – Advantages & Disadvantages 10 • What is the Judicial Precedent 11
Premium European Union United Kingdom Law
courts. In its early development common law was largely a product of three English courts—King’s Bench‚ Exchequer‚ and the Court of Common Pleas—which competed successfully against other courts for jurisdiction and developed a distinctive body of doctrine. The characteristics of common law system are: -There is not always a written constitution or codified laws; -Judicial decisions are binding – decisions of the highest court can generally only be overturned by that same court or through legislation;
Premium Law Common law Jury
in most cases. 5. A plaintiff is a person against whom a lawsuit is brought. 6. A decision on a given issue by a court is not binding on an inferior court. 7. Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions. 8. A court may depart from a precedent if the precedent is no longer valid in view of changed technology. 9. Common law is no longer a source of legal authority. ____ 10. A substantive law creates or defines legal rights and obligations
Premium Law Common law United States
Introduction Judges do create law in the process of adjudication‚ especially when there are no precedent‚ competing precedents‚ or ambiguous law‚ Such judicial creativity‚ however‚ leads to a potential conflict between the judiciary and the legislature‚ since judicial law-making overlaps with the legislature’s function to enact law. To strike a balance between these two branches‚ self-restraint among judges is crucial. Whenever judicial law-making is unavoidable‚ it must be done subject to strict
Premium Law Common law
Opinion of Guan Yin SUPREME COURT OF THE UNITED STATES No. 11-817 STATE OF FLORIDA‚ Petitioner‚ v. CLAYTON HARRIS‚ Respondent. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police
Premium Fourth Amendment to the United States Constitution
sources of English Law- legislation and cases. When interpreting legislation judges must ascertain the intention of Parliament and‚ except insofar as they apply the mischief rule of interpretation‚ they do not make law. Traditionally and due to the doctrine of the separation of powers judicial role is really not properly legislative at all‚ but consist merely in stating what the existing law actually is‚ and interpreting authoritatively doubtful points as they arise. This traditional approach of common
Free Common law Law Case law
of the doctrine of precedent is lower courts are bound by the decisions of higher courts within the same judicial hierarchy if the facts are similar. For example‚ in south Australian there are three tiered or layered court system. The lower layer is Magistrate court; the Middle layer is District court and the upper layer is the Supreme Court. The highest court is the high court of Australia. So if a decision made by the Supreme Court‚ the Magistrate court has to follow. Moreover‚ the Doctrine of precedent
Premium Management Psychology Marketing
which eventually laid the key precedent that made the separate‚ but equal case in all places unconstitutional.These both are very similar‚ as they show the progressive nature the country was taking when it came to deciding the fact of racism in the nation .These laid the groundwork for the beginning of the end of major race discrimination in the country. To start off with‚ the case of Plessy v. Ferguson which established the well known “Separate‚ but equal” doctrine in the country.For example‚
Premium Supreme Court of the United States Fourteenth Amendment to the United States Constitution Brown v. Board of Education
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
Premium Contract Common law Precedent
b) Unwritten Law Written Law Unwritten Law Syariah Law - Federal Constitution - Principles of English Law - State Constitution - Judicial Precedents/ Decisions - Legislation - Native /Customary Law - Subsidiary Legislation HIERARCHY OF COURTS Superior Courts Subordinate Courts -Federal Court -Sessions Court -Court of Appeal - Magistrates
Free Common law Law