Name: BTEC Level 3 Applied Law (Unit 2) Judicial Precedent P1: explain the application of judicial precedent in the courts You will need to know: What is judicial precedent? The development of the system The hierarchy of the courts The difference between ratio decidendi and obiter dicta The difference between binding and persuasive precedent How law reports are used What is judicial precedent? ………………………………………………………………………………………………………………………………………………………………………………………………
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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.
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jp is a process whereby judges are required to follow the rules of law established in previous cases decide by courts of equal status or higher where the legal principle established is the same and the facts or points of law are sufficiently similar every court is In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine
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D appealed as a result. Wang argued that the jury should be allowed to decide on the evidence as to what a fair verdict was regardless of what the law says should be the outcome of the case. The appeal was allowed‚ the House of Lords agreeing with Wang and stating that no one is allowed to tell a jury to find a guilty verdict‚ including the judge. A jury only have to make a decision based on what it fair and common sense and as they are not paid by anyone such as the government‚ they are free from
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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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Part 1. Judicial Precedent “Stare decesis et non quieta movere” – roughly translated means “Stand by what has been decided and do not unsettle the established” - This is the main legal principle‚ which judges are obliged to follow the already set-up precedents‚ established by prior decisions. This means that a decision made in one case can be binding on all following cases under similar circumstances. The principle of stare decisis consists of two components. The first is the rule that a decision
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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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Judicial precedent is based upon the Latin maxim "stare decisis" which loosely translates into "stand by what has been decided and do not unsettle the established". Judicial precedent is the source of law where past decisions of the judges create law for future judges to follow‚ this law can be found in judgement that is binding. Ratio Decidendi is the part of the judgement that is binding. In the English legal system‚ higher courts bind lower courts so lower courts have to follow the past decisions
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| Decision Making Process | Choosing a College | | | 3/19/2012 | | It is never easy to make decisions in life‚ especially life changing decisions. The decision making process is a very difficult process that is used by everyone in one way or another. Some people may alter the decision making process in order to fit their own needs and their own personal circumstances‚ but there is a model that has been provided in order to show the basic steps. The decision making process model
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You are a senior manager of “X” Ltd. You have to take a major decision. Discuss what decision you are making and all the factors you are going to consider. How you are going to make the decision? | | Unilever today is a trusted name in both Bangladesh and other parts of the world. Listening to the people‚ who buy our products‚ helped us to grow into one of the world ’s most successful consumer goods companies. In fact‚ 150 million times a day‚ someone somewhere chooses a Unilever product. In the
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