THE DOCTRINE OF BINDING PRECEDENT INTRODUCTION The doctrine of binding 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 i.e.‚ 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
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PRECEDENT: Stare Decisis - Stand by the Decision The doctrine of judicial precedent is based on the principle of stare decisis‚ this means that like cases should be treated alike. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case “Donoghue v Stevenson (1932)‚ The House of Lords held that the manufacturer owed the duty of care to the ultimate consumer of the product. This set a binding
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Judicial Precedent is another important source of law‚ it is an independent source of law‚ where there are no legislations on the particular point in statute Books‚ and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems. It is also a continuous‚ growing source of law. According to Salmond‚ the doctrine of precedent has two meanings‚ namely (1) in a loose sense precedent includes merely reported case-law which may
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The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon precedent contributes predictability to the law because it provides notice of what a person’s rights and obligations are in particular circumstances. A person contemplating an action has the ability to know beforehand the legal outcome. It also means that lawyers can give legal advice to clients based on settled rules of law. The use of precedent also stabilizes
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I. Fallacies A. What are Fallacies B. Bandwagon Fallacy C. Either – Or Fallacy A fallacy is an error in reasoning in which the evidence given for the conclusion does not provide the needed degree of support. Fallacies are defects that weaken the speaker’s arguments when trying to persuade an audience while speaking. By preparing yourself to look for fallacies in your own and others’ writing you can strengthen your ability to avoid using fallacies. There are two important things to know about
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Judicial precedent: A judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision. The common law has developed by broadening down from precedent to precedent. A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and binding and must be followed. In giving
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DOCTRINE OF PRECEDENT - LAW MAKING POTENTIAL More Judicial Precedent Resources: Judicial Precedent - Lecture Notes #1 THE JUDGES’ ROLE IN PRECEDENT The old view of the judges’ role was that they were merely ’declaring’ the existing law (the ’declaratory theory’). Lord Esher stated in Willis v Baddeley [1892] 2 QB 324: "There is ... no such thing as judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not
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INFORMAL FALLACIES FALLACIES IN GENERAL A fallacy is a defect in an argument that consists in something other than the false premises alone. Fallacies are usually divided into two groups: formal and informal. A formal fallacy is one that may be identified by merely examining the form or structure of an argument. Informal fallaciesare those that can be detected only by examining the content of the argument. Informal fallacies can be further classified as Fallacies of Ambiguities‚ Relevance‚ and
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Analysis Have you ever encountered the use of fallacies? Fallacies are present all of the time. The use of fallacies is common in today’s society. A fallacy is the use of poor‚ or invalid‚ reasoning for the construction of an argument. The use of fallacies can be found in most advertisements. Such as the Colgate Total advertisement which claims to fight plaque germs that other toothpaste brands let back. This piece of literature contains fallacies and persuasive techniques. Claims are made throughout
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Judicial Precedent Judicial precedent means the decisions of the higher courts automatically binds the lower courts according to the hierarchy of the courts. This refers to the doctrine of stare decisis. For example‚ the Supreme Court decision binds the Court of Appeal‚ Divisional Courts‚ High Court and County Court. Ratio decidendi is the principle of the case or reasons for the decision and it is binding. In London Street Tramways v. London County Council‚ it said that certainty in the
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