(pg. 24): Inter alia: Among other things. Lex non cogit impossibilia: The law does not compel a man to do that which is impossible. /The law requires nothing impossible. Case law or precedent may comprise res judicata‚ ratio decidendi and obiter dictum (pg 29). Res judicata: Final order of the court binding the immediate parties to the decision. It assumes that there are 2 opposing parties‚ there is a definite issue and the court has so decided the issue acting within its jurisdiction. Judgement
Premium Common law Latin legal phrases Stare decisis
that each court is bound to follow the decisions imposed by the courts above them in the hierarchy. However‚ since the UK joined the European Union‚ the courts are bound to follow the EU law given by thee European Courts. RATIO DECIDENDI & OBITER DICTUM According to the Oxford dictionary of law‚ a ratio
Premium Common law Stare decisis Case law
INTRODUCTION: 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
Premium Law Common law Case law
inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law. RATIO DECIDENDI AND OBITER DICTUM The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said by the way). RATIO DECIDENDI - The ratio decidendi of a case is the principle of law on which a decision is based. When a judge delivers judgement in a case he outlines
Premium Stare decisis Case law Precedent
also be seen in the Donoghue v. Stevenson (1932) case‚ “On the 26 August‚ 1928 Donoghue and a friend were at a café in Glasgow. Donoghue’s companion ordered and paid for a bottle of ginger beer for Donoghue. The ginger beer was in an opaque bottle. Donoghue drank some of the contents and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler. The remains of a snail in a state of decomposition dropped out of the bottle into the tumbler. Donoghue later complained of
Premium Duty of care Tort Law
Case Report Worksheet Case name including citation? Fisher V Bell [1961] 1 QB 394‚ [1960] 3 WLR 919‚ [1960] 3 All ER 731‚ HKSAR V Chow Kwong Chun (unrep.‚ HCMA No 836 of 2001) and HKSAR V Wan Hon Sik [2001] 3 HKLRD 283 were cited in the judgeme Is it a civil case or criminal case? It is a criminal case as Yu Wai Chuen was charged by HKSAR. Who are the parties? The plaintiff (prosecutor) was HKSAR and defendant was Yu Wai Chuen. This was an appeal by Yu Wai Chuen against HKSAR (respondent).
Premium Ratio decidendi Stare decisis Appeal
References: 1. Taylor‚ Martin R. (2008). "The Most Famous Litigant". Donoghue v Stevenson Digital Resources. Scottish Council of Law Reporting. Retrieved 8 September 2012. 2. Smith‚ JC; Burns‚ Peter (1983). "Donoghue v. Stevenson: The Not so Golden Anniversary". Modern Law Review (Wiley-Blackwell) 3. Buxton‚ Richard (2009). "How the common law gets made: Hedley Byrne and other cautionary tales".
Premium Contract
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 precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
Premium Precedent Law Common law
Introduction In 1892‚ Lord Esher in Willis V Baddeley has said that “There is… no such thing as judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.” Generally‚ the position judges adopted is to interpret the law instead of concerning with the justice of their decisions. In modern tie‚ there is still existence of powerful ideology that
Free Common law Precedent Stare decisis
Introduction: Judicial 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 ie‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law.
Premium Stare decisis Precedent Common law