the legal and judicial legacy bestowed on Nigeria by colonial masters‚ common law principles‚ rules and doctrines have tremendous influence on administration of justice system in the country. Particularly as an offshoot of that influence‚ the common law doctrine of stare decisis‚ translated as judicial precedent or simply as precedent‚1 has come to be regarded as a source of law in the country.2 Simply put‚ stare decisis is a practice in the administration of justice in common law jurisdictions
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Common and Civil law legal systems According to Zimmermann there are "as many legal systems as there are national states". Every country has its own unique legal system. However‚ we can allocate among them three main legal systems. These are: Civil Law‚ Common Law and Islamic Law. Civil and Common Laws are the most influential legal systems in the world‚ especially in its Western part. All three of these legal systems have existed and developed for many centuries. Further will follow the description
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The Judicial System Donna Sarvis CRJ 201 – Introduction to Criminal Justice Instructor – Michael Pozesny July 29‚ 2013 The Judicial System In the United States the criminal justice system consists of three branches‚ Judicial‚ Executive and Legislative. Each of these branches has its own individual duties that they have to perform. For this paper I have chosen the Judicial Branch and its differences from the other two branches‚ this paper will discuss and clarify exactly what the Judicial Branch
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Legal System of HK Seminar 2: Common Law System and Ideology (9/9/13) Substantive justice VS procedural justice Influence of external forces on legal system‚ they interact in the law making processes and affect what is morally right or wrong‚ law is not the only tool responsible for maintain social order‚ people have private life and other systems (social control‚ culture‚ religions…) to guide people’s life and behaviours LAW: Certainty‚ predictability‚ there should be an authorities to
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The term "common law" originally derives from the 1150s and 1160s‚ when Henry II of England established the secular English tribunals. The "common law" was the law that emerged as "common" throughout the realm (as distinct from the various legal codes that preceded it‚ such as Mercian law‚ the Danelaw and the law of Wessex)[43] as the king’s judges followed each other’s decisions to create a unified common law throughout England. The doctrine of precedent developed during the 12th and 13th centuries
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Common law 1 Common law Common law‚ also known as case law or precedent‚ is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law‚[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In cases
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Hierarchy of the Court System Civil Case Mr Van Persie (Robin Van Persie- Manchester United and Holland Footballer) I am aware that you are in need of some legal help regarding a dispute that you have with The Sun newspaper. I am more than willing to help you win this case and make sure that justice will be served to you. Before I fight this case I will need to explain to you what the case will be based on‚ what may happen and I will also consult you about the different types of legal personnel
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Question A- states the similarities and differences between legislation and subsidiary legislation. What is legislation? Legislation knows as statutory law which is has been enacted or promulgated by any kind of governing body or even parliament. It refers to a single law or even a group body of enacted law. In the history‚ it is called as “bill” which is more often than not projected by a member of the legislature. Examples of legislation are Statutes or Acts of Parliament‚ Ordinance and Enactments
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the logical deductions of precedent‚ uninfluenced by political or career considerations. The eighteenth century legal commentator‚ William Blackstone‚ introduced the declaratory theory of law‚ stating that judges do not make law‚ but merely‚ by the rules of precedence‚ discover and declare the law that has always been: ’the judge being sworn to determine‚ not according to his private sentiments...not according to his own private judgement‚ but according to the known laws and customs of the land: not
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that will help me answer the given question. My first point is on the Hierarchy of the courts. In this point I will explain the different ’levels’ there are in the English system. My second point is Stare Decisis and what it is. This point is made up of several questions that I will answer; why have binding precedent? What has to be followed? That is Obiter Dicta and Ratio Decidendi? What is persuasive precedent and who uses it and how it is used? When is a judge bound? Can the Stare Decisis be avoided
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