Law coursework on the English Legal System and Corporate Criminal Liability. Question 1 a) The sources of the English legal system are: • Case law is judge made law. • Acts of Parliament creates a new law or changes an existing law. It is the most important source of law. Acts of Parliament are made by the Parliament‚ which consists of the House of Commons and the House of Lords. • Statutory Interpretation is the process by which judges interpret and apply acts of parliament. In order to
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Case Summary Union of India v. Raghubir Singh SCHOOL OF LAW CHRIST UNIVERSITY BANGALORE- 560028 2012-2013 NAME: VIVEK.K.R REGISTER NO: 1216044 CLASS: 1 BA LLB A Identification Name of the case: Union of India (UOI) and Anr. Vs. Raghubir Singh (Dead) by Lrs. Etc. Jurisdiction: Appeal From the Judgment and Order dated 06.12.1984 of the Delhi High Court in Regular First Appeal Nos. 113 and 114 of 1968. Level of the deciding Court: Supreme Court Date of decision: 16.05.1989 Equivalent
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inferior to the parliament and delegated legislation thus can be overruled. Until the judge-made law is overruled‚ it is considered as a precedent and stands as a decision on non-statutory points of law‚ and is subjected to the same rule of stare decisis. The reason why we have judicial precedent is that most of the English laws are derived from the statutes and common law. It then falls into the hands of the judges to interpret them and evolve the law to make a better law. Judicial precedent
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Judicial Precedent Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: First‚ stare decisis‚ which means to stand by the decided‚ whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases and appellate courts follow their own previous decisions. For example: The High Court must follow decisions of the Court of Appeal
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an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision 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 judgment in a case‚ the judge will set out the facts of the case‚ state the law applicable to the facts and then provide his or her
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Project on the topic SHOULD PANELS BE BOUND BY AB: STARE DECISIS AND HIERARCHY IN THE WTO DISPUTE SETTLEMENT Submitted towards the fulfilment of grading for the 2nd semester of LL.M. (Corporate Law) for the subject DISPUTE SETTLEMENT MECHANISM Submitted to: Submitted By: Mr. Yogesh Pai Pratibha Motyar Prof. of Law
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1. Discuss and define the doctrine of “Stare decisis”. Stare decisis means to stand by previous decisions in Latin. The doctrine of stare decisis is a doctrine of precedence and has two aspects: 1) definitional or substantial – the principle of law is found in the precedence called the ratio decidendi: the narrowest and necessary legal principle upon which a legal decision was based. This is the aspect of the case that binds future courts and must be followed. 2) Structural: what precedent
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1.10 SOURCES OF LAW The main sources of law in Malaysia can be categories as follows a. the Federal Constitution b. the 13 Constitution of the States comprising the Federation c. Federal law made by Parliament d. State laws made by State Assemblies e. Federal and State Subsidiary Legislation f. Principles of English Law g. Judicial Precedent/ h. Islamic Law 1.10.1 FEDERAL CONSTITUTION Malaysia has a written constitution unlike the United Kingdom. The Federal Constitution is the
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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 law. RATIO DECIDENDI AND OBITER
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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 which courts are bound by which are known as the rules of judicial precedent‚ or stare decisis‚ this may provide consistency and predictability in the law. The decision made by the judges‚ also known as judgment‚ in which containing the explanation of the legal principles on which the judges has made a decision‚ this is called the ratio
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