Judicial Precedent means the process whereby judges follow the decisions made by previous judges in similar cases where the facts are of sufficient similarity. In deciding a case‚ there will be basic tasks‚ establishing what the facts are‚ meaning what actually happened‚ as well as how the law applies to those facts. The idea of judicial precedent is that once a decision has been made in a set of particular facts‚ similar facts in later cases should be treated in the same way. The rules concerning
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........................................... 2 The Hierarchy of Courts in Mauritius .................................................................................... 3 The Judicial Committee of the Privy Council (JCPC) ........................................................ 3 The Supreme Court ........................................................................................................... 4 The District Court .................................................................
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Muslim attitudes towards honour killing and the shairah law Sharia law is Islam’s legal system. It is derived from both the Quran‚ as the word of God‚ the example of the life of the prophet Muhammad‚ and fatwas also known as the rulings of Islamic scholars. Brigadier Ali Alush‚ a senior official in the interior ministry‚ told the conference that honour crimes have accounted for seven per cent of homicides so far in 2008. But he acknowledged that the figure was probably an understatement because
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Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree‚ there are precedents for
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in general Subject It is Article 1 of the UDHR‚ which emphasizes the aspect of human rights most intensely debated--their claim to universality. In its preamble‚ the Universal Declaration accentuates the global importance of human rights as "a common standard of achievement for all peoples and all nations" and as "the foundation of freedom‚ justice and peace in the world." As if to settle the matter once and for all‚ the Vienna Declaration states in its first paragraph that "the universal nature"
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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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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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Immigration in Britain and the problems caused by the coexistence of British and Sharia laws Problem : Britain‚ home receiver‚ can she move from coexistence to the complementarity of British and Sharia laws ? We all know that Britain is a great home receiver since the first colonization and more after the Second World War but we can ask us if it exist a real melting pot. In spite of the presence of a lot of immigrants‚ certain person still not considerate them as British citizen even though
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CUEA SCHOOL OF LAW General Principles of Equity I History of equity Introduction of the doctrines of equity into Nigeria The relation between Equity and Common Law Conflicts between Equity and Law Nature of equitable rights I Nature of equitable rights II UNIT 1 CONTENTS 1.0 2.0 3.0 HISTORY OF EQUITY 4.0 5.0 6.0 7.0 Introduction Objectives Main content 3.1 Law and equity 3.2 Conscience 3.3 Difference and conflict 3.4 Equity and the common law in the narrow sense Conclusion Summary
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