Unit 1 Assignment Common Law Common law is based on the bible‚ stare decisis and precedent. Basically what this means is that common law is recognized as law even if it is not actually written in the books. For example common law marriage is recognized when a couple lives together for so long even if they do not have an actual marriage license(Miller & Jentz‚ 2010). Jurisdiction Jurisdiction is the authority of the court to hear a case. For example federal court hears federal laws‚ where
Premium Common law Law Judge
PART-I ------------------------------------------------- GENERAL INTRODUCTION: Through the course of this research the researcher hopes to give the reader an insight of nature and scope of “The Doctrine of Precedent”. The researcher in her efforts to understand the Doctrine and its implication divided the research paper in the three parts. In the first part the researcher will look at the meaning and scope of the Doctrine of Precedent. In the second part the researcher looks at the types of
Premium Common law Stare decisis Precedent
features of the doctrine remain unchanged. The doctrine of judicial precedent is based on one of the most fundamental aspects of any legal system and that is‚ all like cases must be treated alike. It involves the application of the principle of stare decisis i.e to stand by the decided. The doctrine of judicial precedent has always played a pre-eminent role in English law‚ and it is there to ensure some degree of certainty in law. The American Judge‚ Oliver Wendell Holmes Jr. once said “The life of
Premium Stare decisis Common law Case law
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 previous decision. Ratio Decidendi The reason for the decision‚ this forms the binding part
Premium Stare decisis Ratio decidendi Common law
foundation for future decision making. This is known as stare decisis and by which precedents are authoritative and binding and must be followed. Doctrine of precedent or stare decisis is from the Latin phrase “stare decisis et non quieta movere”‚ means to stand by decisions and not disturb that which is settled. The doctrine of binding precedent based on stare decisis‚ means standing by previous decisions. The only binding part of the stare decisis is the ratio decidendi in the judgment which is the
Premium Law Stare decisis Common law
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
Premium Stare decisis Appeal Common law
Question 1: Explain the different sources of Law in England. The legal system in the UK has expanded over many centuries and has also changed regularly during this period. The present UK law consists of four major sources that include the Interpretation of Statues (Acts of Parliament)‚ Common Law‚ European law and European Court of Human Rights. ‘These sources of Law have all one common element‚ influenced by political‚ social and technological change.’ (Open University‚ Block 1‚ Pg 89)
Premium Common law United Kingdom Precedent
Doctrine of Precedents INTRODUCTION It is very difficult‚ if not impossible‚ to give a precise definition of Law. Many renowned jurists have held forth their own definitions of the term Law. Law‚ in the broadest and most comprehensive sense means a set of rules and norms and a standard of pattern of behaviour to which every individual of the society has to conform to. Another often quoted‚ although not widely believed‚ definition of Law is of that given by Austin according to which Law is the
Premium Common law Stare decisis Precedent
is normally made by the decision of a higher court‚ for example‚ the Supreme Court of the United Kingdom‚ which assumed control over the legal elements of the House of Lords in 2009. “Binding precedent relies on the legal principle of stare decisis. A stare decisis means to stand by things decided. It ensures certainty and consistency in the application of law. Existing binding precedents from past cases are applied in principle to new situations by analogy.” There are three components required for
Premium Common law Common law Precedent
previous decisions. One important and distinctive element of the English law is that the reasoning and decisions found in preceding cases were not simply considered as a guide. They could be considered binding on later courts. This is known as stare decisis (let the decision stand). This means that when a court makes a decision in a case‚ then any court‚ which is of equal or lower status to that court‚ must follow the previous decision if the case before them is similar to that of the earlier case
Premium Precedent Common law Case law