between the role of criminal law and civil law in relation to the legal system and analyse the purpose of the law. Criminal law is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is prohibited by the state because it is held to threaten‚ harm or otherwise endanger the safety and welfare of the public‚ and that sets out the punishment to be imposed on those who breach these laws. [1] The criminal law serves several purposes and benefits
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The Application of Precedent • The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case. Example 1 • Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state‚ but is difficult to apply in practice’ • The issue: after a not guilty verdict (acquittal) in the District Court‚ could an appeal could
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Common law reasoning and institutions Study Pack page 11 6 ‘The Judicial Practice of Precedent’ Adam Gearey Staff and students of the University of London External Laws Programme are reminded that copyright subsists in this extract and the work from which it was taken. This copy has been made under a licence from the Copyright Licensing Agency of the UK (www.cla.co.uk). Any digital or printed copy supplied to or made by you under the terms of this licence is for use in connection with this course
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INTRODUCTION The Commonwealth of The Bahamas is a Parliamentary nation. The law and government of the land are based on the Westminster system which looks at the three branches of the State‚ the Executive‚ Parliament and the Judiciary. The function of each of these branches is clearly articulated in the country’s written Constitution‚ which is the supreme law of the land. According to Article 38 of the Constitution‚ “there shall be a Parliament of The Bahamas which shall consist of Her Majesty
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BACKGROUND Judicial activism has become a subject of controversy in India.1 Recent and past attempts to hinder the power of the courts‚ as well as access to the courts‚ included indirect methods of disciplining the judiciary‚ such as supersession of the judges2 and transfers of inconvenient judges.3 Critics of judicial activism say that the courts usurp functions allotted to the other organs of government. On the other hand‚ defenders of judicial activism assert that the courts merely
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Court System Shukeyla Jones CJA/204 November 01‚ 2010 Maxine Craig Court System The modern dual system of courts incorporates both federal and state or local courts. This system is the product of many years of gradual development. Outside this formally established structure‚ however‚ personal relationships between key court participants can guide court proceedings and procedures. This paper will examine the history of the criminal courts‚ the dual system of the United States and modify the
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‘ Common Law Reasoning and Institutions Question 6 Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Discuss. Kiew Boon Yin Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court‚ it provides guidance to the judges when
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The doctrine of precedent‚ or stare decisis‚ lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts‚ a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court deciding the new
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JUDICIAL SYSTEM OF PAKISTAN Judicial System of any country plays a vital role in her progress and in smooth running of state functionaries. All the developed countries of world have a well established and smooth running judicial system. Their courts are doing the justice irrespective of caste‚ living standards‚ official status of citizens and the individual powers. Even the most poor have the confidence in their courts and unbiased decision of courts are in fact a sword over the head of criminals
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Judicial precedent signifies the practice whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent is a practice of the court that provides guidance to the judges when they apply case precedents. Black’s Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases‚ which helps provide certainty‚ consistency and
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