Advantage Disadvantage Of Judicial Precedent Essays and Term Papers

  • Advantage and Disadvantage of Judicial Precedent

    [pic] [pic] Table of Contents INTRODUCTION 3 BID AND PREPARATIONS 3 COSTS 3 MARKETING 3 PARTICIPATING TEAMS 3 INTRODUCTION The 2010 Winter Olympics, officially the XXI Olympic Winter Games or the 21st...

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  • Advantages of Judicial Precedent

    Assess the Advantages of Judicial Precedent The first advantage of judicial precedent is certainty; this means the lawyers are able to predict the outcome of the case due to Judges following the same rules and the same Ratios this is a good thing as it means Lawyers could prepare clients for the worse...

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  • Advantages and disadvantages of the doctrine of precedent

    Discuss the advantages and disadvantages of the doctrine of precedent and how judges may make new law. Include 1 case where judges have made new law. The doctrine of precedent is an important feature of judge-made law (common law). This doctrine means that similar disputes should be decided by reference...

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  • Judicial Precedent

    England and Wales the courts operate a very rigid doctrine of precedent which has the effect that bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine of Precedent is the process whereby judges should follow previous decisions...

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  • Judicial Precedent

    Name: BTEC Level 3 Applied Law (Unit 2) Judicial Precedent P1: explain the application of judicial precedent in the courts You will need to know: What is judicial precedent? The development of the system The hierarchy of the courts The difference between ratio decidendi and obiter...

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  • Judicial Precedent

    Practice Statement & Young v Bristol Aeroplane (1944)).   Judicial Precedent refers to the way in which the law is made and amended through the decisions of judges.    Stare Decisis - Stand by the Decision   The doctrine of judicial precedent is based on the principle of stare decisis, this means that...

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  • Judicial Precedent

    Judicial Precedent Judicial precedent means the decisions of the higher courts automatically binds the lower courts according to the hierarchy of the courts. This refers to the doctrine of stare decisis. For example, the Supreme Court decision binds the Court of Appeal, Divisional Courts, High Court...

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  • Judicial Precedent

    Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere, more commonly referred to as ‘stare decisis', meaning to “stand by decided matters”. A binding...

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  • Judicial Precedent

    Advantages and Disadvantages of the jury system Advantages of the Jury System Long established trial by peers which has public confidence Lord Devlin, a famous House of Lords judge, has said that trial by jury is the “lamp that shows that freedom lives”, arguing that a defendant has the...

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  • Judicial Precedent

    DOCTRINE OF PRECEDENT - LAW MAKING POTENTIAL More Judicial Precedent Resources: Judicial Precedent - Lecture Notes #1   THE JUDGES' ROLE IN PRECEDENT The old view of the judges' role was that they were merely 'declaring' the existing law (the 'declaratory theory'). Lord Esher stated in Willis v...

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  • Judicial Precedent

    Judicial Precedent Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: First, stare decisis, which means to stand by the decided, whereby lower courts are bound to apply...

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  • Judicial Precedent

    Judicial precedent: A judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision. The common law has developed by broadening down from precedent to precedent. A judicial precedent is a decision...

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  • JUDICIAL PRECEDENT

    senior police officer present to search the house and seized a number of articles which they took to the New Scotland Yard. Mr. Rottman then bought judicial review proceedings against the legality of the decision to enter his home and to search for and seize items. Divisional court found in favour of Mr...

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  • Judicial precedent

    that binding precedents must be followed is called stare decisis. This feature of being bound by past precedent is one of the distinguishing elements between Common Law Jurisdiction and Civil Law Jurisdiction. This is not to say that civil law jurisdictions do not observe the Judicial Precedent for this...

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  • Judicial Precedents

    JUDICIAL PRECEDENT Reading a House of Lords Statement; reading works of legal reference A. Before you read 1. Answer the following questions. 1. What do you understand by the doctrine of judicial precedent? 2. Why is judicial precedent central to the English legal system? 3. What is a binding decision...

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  • Judicial precedent

    Judicial Precedent is another important source of law, it is an independent source of law, where there are no legislations on the particular point in statute Books, and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems...

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  • Judicial Precedent

    Question(A) JUDICIAL PRECEDENT Judicial Precedent is a decision of the court used as a source for future decision making. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. The doctrine of judicial Precedent did...

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  • Judicial Precedent

    PRECEDENT: Stare Decisis - Stand by the Decision The doctrine of judicial precedent is based on the principle of stare decisis, this means that like cases should be treated alike. Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the...

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  • judicial precedent

    ‫تاريخ القانون و نشاته‬ judicial precedent Kulliyyathu Dhirasaathil Islamiyya Shariah and law Degree Year two Thaareekhul Qaanoon Semester one J u d i c i a l Pr e c e d e n t Lecturer: Abdul Jaleel Hussain Ali Didi(2009202) 27 March 2011 Ali didi Sharia and law degree year...

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  • Judicial Precedent

    THE DOCTRINE OF BINDING PRECEDENT INTRODUCTION The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e., to stand...

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