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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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 of Precedent is the process whereby judges should follow previous decisions in similar cases to help maintain a degree of consistency in the way the law is applied in similar
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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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[pic] [pic] Table of Contents INTRODUCTION 3 BID AND PREPARATIONS 3 COSTS 3 MARKETING 3 PARTICIPATING TEAMS 3 INTRODUCTION The 2010 Winter Olympics‚ officially the XXI Olympic Winter Games or the 21st Winter Olympics‚ was a major international multi-sport event held on February 12–28‚ 2010‚ in Vancouver‚ British Columbia‚ Canada‚ with some events held in the resort town of Whistler‚ Richmond‚ West
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Advantages and Disadvantages of the jury system Advantages of the Jury System Long established trial by peers which has public confidence Lord Devlin‚ a famous House of Lords judge‚ has said that trial by jury is the “lamp that shows that freedom lives”‚ arguing that a defendant has the right to be tried by his peers. Supporters of this view maintain that a jury will exercise common sense rather than slavishly follow the law. For example the case of R v Wang W was charged with having an article
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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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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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