OF LEGAL PRECEDENTS ADITI GHOSH 2ND Yr. LL.B. (HONS.) INTELLECTUAL PROPERTY LAW RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW IIT KHARAGPUR 15 August 2011 Table of Contents INTRODUCTION 1 WHAT IS MEANT BY A PRECEDENT? 2 TYPES OF PRECEDENTS 2 Original precedent 2 Authoritative or Binding precedent 2 Persuasive precedent 3 THE DOCTRINE OF STARE DECISIS? 3 HOW RELEVANT IS THE IDEA OF JUDICIAL PRECEDENTS? 6 WHAT IS THE BINDING ELEMENT OF A CASE? 7 WHY SHOULD WE FOLLOW PRECEDENTS IN DECIDING
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will explain the different ’levels’ there are in the English system. My second point is Stare Decisis and what it is. This point is made up of several questions that I will answer; why have binding precedent? What has to be followed? That is Obiter Dicta and Ratio Decidendi? What is persuasive precedent and who uses it and how it is used? When is a judge bound? Can the Stare Decisis be avoided? And lastly: How has Stare Decisis handicapped the development of the English law? The hierarchy of the
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As the first president of the United States‚ George Washington set a series of precedents. Four of the precedents that Mr. Washington set forth was: Two-term Presidency‚ Separation of Power‚ Organization of the Executive Branch of Government‚ and Foreign Policy. I will discuss each precedent and explain which of these precedents had the greatest impact on the American presidency. Two-term Presidency was a policy George Washington believed should be followed by future presidents because he did
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disadvantages of the doctrine of precedent and how judges may make new law. Include 1 case where judges have made new law. The doctrine of precedent is an important feature of judge-made law (common law). This doctrine means that similar disputes should be decided by reference to the same legal principles‚ and that lower courts are bound to follow the decisions of higher courts within the same court hierarchy. There are both advantages and disadvantages of the doctrine of precedent and the way in which judges
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advantages and disadvantages of the doctrine of precedent. The doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike. Top of Form Bottom of Form Discuss the advantages and disadvantages of the doctrine of precedent. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. The doctrine of precedent means that judges refer back to previous decisions
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A critical analysis of recent Supreme Court of Appeal judgments that have deviated from the stare decisis principle Lizl Pretorius June 2012 Dissertation submitted in partial fulfilment for the degree of Higher Diploma in Taxation International Institute for Tax & Finance in association with the Thomas Jefferson School of Law Abstract The decisions and methodology used by the Judges in a higher court‚ such as the Supreme Court of Appeal is binding on the lower courts. It is therefore
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SR1IN0201 FOREWORD ....................................................................................................................... 1 GENERAL PAPER (MAURITIUS) ...................................................................................... 2 GCE Advanced Subsidiary Level .................................................................................................................. 2 Paper 8009/01 Paper 1 .....................................................................
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doctrine of judicial precedent is important because it is the ratio decidendi of a previously decided similar case‚ decided by a higher court to the current facts that will decide the solution of the case. 1 JUDICIAL PRECEDENT The weight or authority of rules of law derived from cases may vary. These relative weights are determined by the doctrine of precedent. Nearly all legal systems (including civil law systems) have some form of a doctrine of precedent‚ though its provisions
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University of London Common Law Reasoning and Institutions Essay Title: ‘Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Student Number: 090500532 Candidate Number:L8000 The declaratory theory of English common law is that the function of the judge is to declare what has always been the correct legal position at common law. In carrying out this task
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Jaslyn Eloisil PHI 2010 Writing Assignment 1 9/5/13 My Lord and Savior‚ Jesus Christ Who is greater to live for than the one and only Jesus Christ? He is the one that died for our sins‚ the one that created everything living and nonliving on Earth‚ the ruler of all. His death allowed forgiveness for the sins of everyone on Earth. Why not give Him thanks by living for Him? Not allowing Him to be the ruler of your life is asking to spend an eternity in the fiery pits of hell. I enjoy summer
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