Law What is judicial precedent? It is a judgment of a court of law named as an authority for deciding a similar set of facts; a case‚ which serves as authority for the legal principle represented in its decisions. A judicial precedent is a decision of the court used as a source for future decision-making. Latin terminology Stare Decisis The whole doctrine is based on “stand by what you decide” which promotes fairness‚ consistency and certainty. Simply‚ just stand by your own
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the definition: - Rules: are commands regulating behaviour; rules tell us what we can and cannot do. Legal Sources -Rules of law are derived from various sources in English Law. These include‚ The Constitution of Jamaica‚ legislation‚ judicial precedents‚ certain ancient textbooks among others. The Constitution of Jamaica: The Jamaican Constitution is the Supreme Law of the land of Jamaica and all other laws must conform with the Constitution or they will be struck down.1 In 2011 a new Charter of
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Analyse the extent to which judges are able to develop the law through the operation of the doctrine of judicial precedent and in the interpretation of statutes. Discuss whether judges should be able to develop the law (30 marks+5marks for AO3) A French philosopher‚ Montesquieu‚ introduced the separation of powers theory in the 18th century. He aimed to prevent dictatorship by simply separating law-making power between the three branches‚ the executive‚ legislature and judiciary. Parliament are
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PROFESSOR SUBMITTED BY: HEMANSHI ANDLEY CLASS: 8TH SEMESTER ROLL NO: 1689 PREFACE This assignment throws glimpse on the important aspect of the Equity and trust-‘CONCEPT OF EQUITY’. The law relating to equity is largely built on precedent. The rules have been built upon by previous situations which they have dealt with. Equity" may generally be defined as the correction of a defect or error in the law. This idea is apparently of ancient origin‚ tracing back at least as far as Aristotle
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This paper is intended as a primer for copyright law in the form of a short story. An elementary school teacher illegitimately copies a piece of software for educational purposes and is discovered. Issues such as the fair use doctrine‚ copyright law‚ and cyberlaw are covered. The section provides a realistic legal defense for the fictional situation that drives the paper. My name is Jason Lee and I teach 6th grade mathematics at Hightstown Middle School in
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ExPedite Notes Chapter 1 Economic‚ Political and Legal Systems The examiner has stated that in the exam‚ you may be required to: Explain the inter-relationship of economic and political and legal systems (application level). Explain the doctrine of the separation of powers and its impact on the legal system (application level). Differentiate between different types and different systems of law (knowledge level). Explain the distinction between criminal and civil law (knowledge level). Outline
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become a new law and becomes a legal precedent‚ a judicial decision that may be used as a standard in subsequent similar cases. Legal precedent led to the common law doctrine known as stare decisis. This basically means that once a court has set a legal precedent for a particular case‚ a similar or like case must prompt the identical response from the same court or lower courts in that jurisdiction. “Therefore‚ judges are obligated to follow the precedents established in prior decisions based
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of non –statutory laws‚ which are the precedents derived from judgments given on real cases by judges. Law of Equity resolves disputes between persons by referring top principles of fairness‚ equality and justness. In these cases‚nothing was done against the law by the parties to dispute‚ but their rights are in conflict. Thus‚ it is different from law‚both the Statutory Law enacted by Parliament and State Legislatives and Common Law which consists of precedents and opinions given on real cases by
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of the most prolific cases of human rights violations in history‚ and thus have presented the world with the enigma of trying and sentencing these criminals without violating the mandates (or norms) that they wish to enforce. Faced with lack of precedent‚ many courts have seemingly cited laws for the first time only after they have been broken‚ risking the viability of both the court and distorting law internationally. Furthermore‚ the trials of the offenders are often little more than post-conflict
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all about‚ being that judges is bound by the previous judges’ decisions. Upon discussing the term of stare decisis in common law‚ it is then needs to be discussed on the matters of its advantages and disadvantages. The disadvantages of the doctrine of stare decisis itself is that it will cause injustice. This is due to the fact that courts needs to be in line with previous cases on how to deal with their current respective cases‚ which leads to undesirable treatment to the respective claimants
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