the latest decision‚ means that the court must respect past rulings and balance the importance of decision making. On page 17 of our textbooks‚ its states that stare decisis is a central guiding principle and it does not dictate blind obedience to precedent. It allows courts to overrule previous decisions to correct errors. It is justified by preserving reasonable expectations of the legal system while maintaining consistency. It allows courts to distinguish the facts of a new case from the facts of
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PROJECT: Chicken Point Cabin LOCATON: Chicken Point‚ Idaho‚ U.S.A. OWNER: Unknown ARCHITECT: Olson Kundig Allen Architects CONSULTING ENGINEERS: Monte Clark Engineering CONTRACTOR: Doric Creager‚ MC Company‚ Spokane FUNCION: Residential Architecture PROJECT COMPLETION: 2002 The Chicken Point Cabin is Located in the North Western area of the states‚ Idaho. In Idaho the climates are similar to its neighbor state Washington where it is much cloudy and precipitates almost
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Introduction 2 1.2 Offer 2 1.3 Counter offer 4 1.4 Option contract 4 1.5 Acceptance 5 1.6 Postal Rule 5 Question 2:. 7 2.1 What is Judicial Precedent? 7 2.2 Hierarchy of Precedents 8 2.3 Limitations and Types of Judicial Precedent 9 2.4 Advantages and Disadvantages of Judicial Precedent 10 2.5 Contributions of Judicial Precedent 12 3.0 References 14 Question 1 On 13 September‚ Fiona‚ a newly qualified dentist‚ receives the following note from her uncle: 10 Park Street
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the judicial precedent and the statutory interpretation. The judicial precedent is a major source of law that follows a Latin phrase “stare decisis” which refers to the obligation of courts to honor past precedents (Tufal‚ 2012). These past precedents are able to affect the development of law‚ as they can be binding‚ persuasive or original in nature towards future cases. However‚ in order to fully understand how judges can develop the law through the doctrine of judicial precedent‚ it is necessary
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overruled. Until the judge-made law is overruled‚ it is considered as a precedent and stands as a decision on non-statutory points of law‚ and is subjected to the same rule of stare decisis. The reason why we have judicial precedent is that most of the English laws are derived from the statutes and common law. It then falls into the hands of the judges to interpret them and evolve the law to make a better law. Judicial precedent‚ known also as the judge-made law‚ has two meanings. Firstly‚ it means
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Doctrine of Precedents INTRODUCTION It is very difficult‚ if not impossible‚ to give a precise definition of Law. Many renowned jurists have held forth their own definitions of the term Law. Law‚ in the broadest and most comprehensive sense means a set of rules and norms and a standard of pattern of behaviour to which every individual of the society has to conform to. Another often quoted‚ although not widely believed‚ definition of Law is of that given by Austin according to which Law is the
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lawyers had the opportunity to present their “respectful submission” on the applicable law and precedents before the judge would render his decision. The processions emphasized bringing all relevant evidence before the judge before he rendered his decision; this evidence came in the form citing specific statue law such as the criminal code and the details of precedent cases that had related issues. Precedent cases presented included Regina vs. Prince‚ Bar vs. Tours‚ and the Kienapple case which parties
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which assumed control over the legal elements of the House of Lords in 2009. “Binding precedent relies on the legal principle of stare decisis. A stare decisis means to stand by things decided. It ensures certainty and consistency in the application of law. Existing binding precedents from past cases are applied in principle to new situations by analogy.” There are three components required for a point of precedent to work. First one is that an effective arrangement of law reporting must be accepted
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Critically discuss the extent to which Judicial Precedent shapes English law and how Statutory Interpretation contributes to such a process. The English legal system is a common law system‚ where the decisions of sitting judges in a case have future influence over future courts. Judicial Precedent binds judges by past decisions of higher courts‚ stare decisis‚ and they abide by them. This could be said to create a consistent and fair system i.e. a body of legal principles. Statutory Interpretation
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Judicial Precedent What is it? Process by which judges follow the decisions of previous cases if material facts are sufficiently similar Operates through the doctrine stare decisis – to stand by what has previously been decided Why do we have it? Certainty/predictability – ensures justice is done Allows lawyers to predict outcome & advise clients People have full knowledge of the consequences How does it operate? In order for the doctrine to operate effectively it needs: 1. Effective
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