theory the doctrine of binding precedent means that judges declare what the existing law is. However many people think that judges actually make law‚ especially in the High Court of Australia. Write an essay of 1000 words stating whether you believe judges should make law and mention some arguments for and some arguments against this idea. I am of the opinion that judges in Australian courts should make law‚ within specified boundaries. Through the doctrine of precedent‚ the decisions
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Judicial Precedent What is it? Process by which judges follow the decisions of previous cases if material facts are sufficiently similar Operates through the doctrine stare decisis – to stand by what has previously been decided Why do we have it? Certainty/predictability – ensures justice is done Allows lawyers to predict outcome & advise clients People have full knowledge of the consequences How does it operate? In order for the doctrine to operate effectively it needs: 1. Effective
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of the doctrine of precedent is lower courts are bound by the decisions of higher courts within the same judicial hierarchy if the facts are similar. For example‚ in south Australian there are three tiered or layered court system. The lower layer is Magistrate court; the Middle layer is District court and the upper layer is the Supreme Court. The highest court is the high court of Australia. So if a decision made by the Supreme Court‚ the Magistrate court has to follow. Moreover‚ the Doctrine of precedent
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interpret the law. This can be seen that somehow they are making law but the question arises whether this is lawful or not. Declaratory theory is ignored by various ways. Judges make law by stating that the fact is significantly different from the cited precedent. The English judiciary continues to maintain its institutional commitment to the declaratory theory of law‚ a theory that can be traced back to Blackstone and beyond. In short‚ what appear to be changes made to the law‚ by judicial decision‚ are
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advantages and disadvantages of delegated legislation as a form of law making. (10 marks) Topic: Judicial Precedent 1 0 Briefly explain hierarchy of the courts and ratio decidendi. (10 marks) 1 1 Briefly explain how‚ and when‚ judges can avoid having to avoid a precedent: by overruling a precedent and by distinguishing a precedent. (10 marks) 1 2 Discuss advantages of judicial precedent. (10 marks) Topic: The Civil Courts and other forms of dispute resolution 1 3 Sarah has been seriously
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Henry II and adopted by the Australian legal system. • It is law developed through the courts. It is also known as judge-made law and case law. • It can only be created when a case is brought to the courts. • It develops through the doctrine of precedent where the reasons for decisions of courts are followed by future courts. COURTS MAKE LAW BY: • Deciding on a new issue that is brought before them or when a previous principle of law requires expansion to apply to a new situation. • Statutory
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* CHAPTER 1 LAW AND ITS SOURCES Introduction Man is by nature a social being. He comes into contact with other individuals in different capacities. These contacts or associations are the inevitable consequence of modern civilization. In all these associations‚ he is expected to observe a Code of Conduct or a set of rules. The object of these set of rules is to make human associations possible; and ensure that members of the society may live ; and work together in an orderly and peaceful manner
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legal problems A. COMMON LAW AND THE DOCTRINE OF PRECEDENT 1. The three meanings of the term common law 2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter dictum 4. The rules of precedent 5. What is necessary to make precedent work? e. law reports f.
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to court for the commitment of a crime Standing to sue-one of the doctrines of justiciability derived from the case or controversy requirement of Article II Class action lawsuit-In law‚ a class action‚ a class suit‚ or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court Amicus curiae briefs-filed by someone not a party to the case but interested in the legal doctrine to be developed a certain way Attorneys-people who represent others
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Answer 1(a) Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases‚ which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However‚ not all of England’s common law
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