1. What are the principles under the doctrine of binding precedent? When it comes to deciding on case‚ judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as “the doctrine of binding precedent”. The doctrine of binding precedent required that “like cases decided alike”. If a case now before the court has facts and raises issues similar to those of a previously decided case‚ then the present case will be decided in the same way
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BUSPROG: Analytic AICPA: BB-Critical Thinking 7. Decisions by higher courts are not binding on lower courts. ANSWER: F PAGES: Section 3 TYPE: + BUSPROG: Analytic AICPA: BB-Legal 8. Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights. ANSWER: F PAGES: Section 3 TYPE: = BUSPROG: Analytic AICPA: BB-Legal 9. Courts are not obligated to follow precedents. ANSWER: F PAGES: Section 3 TYPE: N BUSPROG: Reflective AICPA: BB-Critical Thinking
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manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Austalian Knitting Mills [1936] AC 85 (Case summary). Also in Shaw v DPP [1962] AC 220 (Case summary) the House of Lords held that a crime of conspiracy to corrupt public morals existed. This was followed in Knuller v DPP [1973] AC 435 (Case summary). In order for the doctrine of judicial precedent to work‚ it is necessary to be able to determine what a point of law is. In
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The legal principle or rule made by a court which leads judges in sebsequent cases with similar issues or facts. To present as precedent for a pending case‚ a preceding decision must have a similar question of the law and factual situation. The judges are required to follow and apply the principle in past decisions to a current case which have similar situation. There are two principle which is Vertical Stare Decisis and Horizontal Stare Decisis. Generally‚ Horizontal Stare Decisis is the court have
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ExPedite Notes Chapter 1 Economic‚ Political and Legal Systems The examiner has stated that in the exam‚ you may be required to: Explain the inter-relationship of economic and political and legal systems (application level). Explain the doctrine of the separation of powers and its impact on the legal system (application level). Differentiate between different types and different systems of law (knowledge level). Explain the distinction between criminal and civil law (knowledge level). Outline
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Convention on Human Rights the United Kingdom of Great Britain and Northern Ireland (UK) consists of four countries: England‚ Wales‚ Scotland and Northern Ireland. Some law applies throughout the whole of the UK this essay will discuss the operation of Precedent‚ the role played by the Court hierarchical and law reporting Question 1 the different sources of law in England There are four main sources of law in England‚ legislation or Statute Law‚ common law‚ European Union Law and the European
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University Online Abstract There are various sources of American Law Primary sources of law are sources that establish the law and are in enforced by the controlling authority (the government’s) of a society. They consist of case law and common law doctrines‚ the U.S. constitution and the constitution of various states‚ statutory law including laws passed by Congress State legislature and local governing bodies‚ regulations created by the administrative agencies. Another type of law that is an important
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was supported by the Supreme Court in R V Shummoogum 1977 MR 1 and Legoffe v Severy 1981 MR 89 2. Sources of Mauritian Law (a)Legislation The Constitution Primary Legislation Secondary Legislation (b)Judicial Precedents (c )Customs (d) Books of Authority/Legal Doctrine The Constitution A constitution is a set of rules‚ generally written‚ which identify and regulate the major institutions of the state and govern the relationship between the state and the individual citizen. In most countries
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Law What is judicial precedent? It is a judgment of a court of law named as an authority for deciding a similar set of facts; a case‚ which serves as authority for the legal principle represented in its decisions. A judicial precedent is a decision of the court used as a source for future decision-making. Latin terminology Stare Decisis The whole doctrine is based on “stand by what you decide” which promotes fairness‚ consistency and certainty. Simply‚ just stand by your own
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Exam Answers Question 1 Statutory Interpretations is the process by which Judges interpret Acts of Parliament in cases.75% of cases heard by the Horse Of Lords are concerned with Statutory Interpretation .When it is called upon to deal with a problem of interpretation ‚the Court does two things here. Translation is what happens first‚ here they decide what the word means‚ then secondly they apply the correct meaning to the situation in question and decide on the results (in terms of the intention
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