Task 3
Task 3
Report or essay format
What is judicial precedent
How do judges avoid judicial precedent
What are the advantages of judicial precedent
What are the disadvantages of judicial precedent
MERIT:
Find out how a proposal for a new law becomes a bill
Understand what a ‘green paper’ and a ‘white paper’ are
Learn the differences between a public bill and a private bill
Find out about the different stages that the bill has to pass through, such as first, second and third reading
Find how a bill is amended as it passes through the Commons and the Lords
Learn about Royal Assent – when a bill becomes an Act of Parliament
Describe the creation of statute.
Discuss the advantages and disadvantages of statute
Compare judge made law with statute – judge made law (common law)
Form an opinion
Discuss the impact of ECJ, Custom Textbook and other s law
What is Judicial Precedent?
Judicial precedent is set during cases where a dominant ruling is given either concerning a point of law or in the matter of a case under fresh legislation a judge gives a clarification of that new law grounded on the determination of parliament. Parliament create the law, judges deduce and interpret the law and apply it.
It can also be created by a judge constructing a statement ratio decidendi (Latin: the reason for deciding). These are the principals of law on which the judge influences a decision and his motives for doing so.
Only ratio is binding on lower courts as opposed to obiter dictum (Latin: a remark in passing). This is a statement made by a judge when making a ruling but was not vital to the verdict in the case. This can only be mentioned as influential argument in forthcoming cases.
How do judges avoid Judicial Precedent?
1. A judge will generally be sure by the judicial verdicts of higher courts. That is how the common law method functions, the gradual expansion of the law by judicial verdicts which bind inferior and future courts.
2. A judge might not be certain by
Report or essay format
What is judicial precedent
How do judges avoid judicial precedent
What are the advantages of judicial precedent
What are the disadvantages of judicial precedent
MERIT:
Find out how a proposal for a new law becomes a bill
Understand what a ‘green paper’ and a ‘white paper’ are
Learn the differences between a public bill and a private bill
Find out about the different stages that the bill has to pass through, such as first, second and third reading
Find how a bill is amended as it passes through the Commons and the Lords
Learn about Royal Assent – when a bill becomes an Act of Parliament
Describe the creation of statute.
Discuss the advantages and disadvantages of statute
Compare judge made law with statute – judge made law (common law)
Form an opinion
Discuss the impact of ECJ, Custom Textbook and other s law
What is Judicial Precedent?
Judicial precedent is set during cases where a dominant ruling is given either concerning a point of law or in the matter of a case under fresh legislation a judge gives a clarification of that new law grounded on the determination of parliament. Parliament create the law, judges deduce and interpret the law and apply it.
It can also be created by a judge constructing a statement ratio decidendi (Latin: the reason for deciding). These are the principals of law on which the judge influences a decision and his motives for doing so.
Only ratio is binding on lower courts as opposed to obiter dictum (Latin: a remark in passing). This is a statement made by a judge when making a ruling but was not vital to the verdict in the case. This can only be mentioned as influential argument in forthcoming cases.
How do judges avoid Judicial Precedent?
1. A judge will generally be sure by the judicial verdicts of higher courts. That is how the common law method functions, the gradual expansion of the law by judicial verdicts which bind inferior and future courts.
2. A judge might not be certain by