............................................................................................................... 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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The doctrine of judicial precedent is at the heart of the Common Law system of rights and duties. Judicial precedent is concerned with the major of case law in the common law system‚ it had been described as the legal experience from lawyer’s term. The term of ‘precedent’ there is an implication that what was done before should be done again and which mean a good guide to follow and trying to solve a problem is to see what examples exist where this or similar problems have been tackled before.
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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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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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SR1IN0201 FOREWORD ....................................................................................................................... 1 GENERAL PAPER (MAURITIUS) ...................................................................................... 2 GCE Advanced Subsidiary Level .................................................................................................................. 2 Paper 8009/01 Paper 1 .....................................................................
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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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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.’ Student Number: 090500532 Candidate Number:L8000 The declaratory theory of English common law is that the function of the judge is to declare what has always been the correct legal position at common law. In carrying out this task judges
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Permit-to-work systems WHAT ARE PERMITS-TO-WORK? A permit-to-work system is a formal written system used to control certain types of work that are potentially hazardous. A permit-to-work is a document which specifies the work to be done and the precautions to be taken. Permits-to-work form an essential part of safe systems of work for many maintenance activities. They allow work to start only after safe procedures have been defined and they provide a clear record that all foreseeable hazards
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