Doctrine of Judicial Binding Precedent This question raises the issue of the role of precedent. In order to examine the statement‚ scrutiny of the doctrine of the judicial precedent is required. Case law is used to describe the collection of reported decisions of the courts‚ and the principles which stem from them. Lord Macmillan made this observation that the case by case development is superior to those based on hypothetical models. “.....any fixed theory and that principles always fail because
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University of London Common Law Reasoning and Institutions Essay Title: ‘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 Judicial precedent is a judgment or decision of a court which is used as an authority for reaching the same decision in subsequent cases. In English law‚ judgment and decisions can represent
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often believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof‚ however‚ that as contrasting as they are on the surface they are actually working together to achieve one common goal. Judicial precedent in its broad definition is the process by which judges follow previously
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Paper 8009/01 Paper 1 General comments Use of English There is still much that needs to be addressed in this area: performance could be improved if attention were given to these specific points. Paragraphs need to have focus: this can be facilitated by the use of a topic sentence‚ that heralds the main thrust of the point being made. All candidates should also know that paragraphs need to be linked. Too often‚ they are not‚ and candidates use words like “furthermore” and “moreover” in an
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PRECEDENT SETTING CASE CLN 4U0 The Queen v. Dudley and Stephens (1884)‚ 14 Q.B.D. 273 Court of Queen’s Bench‚ England Facts: Thomas Dudley‚ Edward Stephens‚ and the deceased‚ a boy between seventeen and eighteen years of age‚ were set adrift in a lifeboat during a storm on the high seas 1000 miles from the nearest land. They had neither food nor water to subsist upon. For twenty days‚ they managed to survive by catching and eating a turtle and drinking rain water caught in their oilskin
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the stare decisis principle Lizl Pretorius June 2012 Dissertation submitted in partial fulfilment for the degree of Higher Diploma in Taxation International Institute for Tax & Finance in association with the Thomas Jefferson School of Law Abstract The decisions and methodology used by the Judges in a higher court‚ such as the Supreme Court of Appeal is binding on the lower courts. It is therefore imperative that the principles established are sound and in line with the intention
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the development of the definition of rape in Scots Law. First we will briefly look at how Roman Law regards rape‚ then proceed to consider the opinions of the institutional writings of Hume‚ Burnett and Alison. Following on from this we will explore how case law in the 19th and 20th century further developed defining rape. Continuing we will consider why the definition of rape required to be reviewed‚ leading to reforming the offence from common law to statutory legislation and finally drawing
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doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case law in our
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Scottish law recognises four sources of law: legislation‚ legal precedent‚ academic writings and custom. The Sources Of Legislation in Scottish Law Legislation affecting Scotland may be passed by Holyrood (Scottish Parliament)‚ Westminster (Parliament of the United Kingdom‚ made up of the House of Commons and the House of Lords) or The European Union (made up of The European Commission‚ The Council of the European Union‚ The European Parliament‚ The Court of Justice and The Court of Auditors)
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All of the case studies are concerned with the Law of Contract‚ specifically the formation of a contract and the differences between an invitation to treat and a contract. We will investigate each consumers’s specific contract or lack thereof individually and advise Bruce on his legal position. A contract is an agreement between two or more parties which in Scotland does not need to take a specific form‚ as a spoken agreement is still equally as enforceable as a written contract in certain circumstances
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