Law Judicial Precedent

Q1) Assess the value of the doctrine of Judicial Precedent in the English Legal System. Describe methods available to adjudicate to block off some of the effects of this doctrine. (25) ANS) Judicial causality refers to the source of cover where past decisivenesss of the values create impartiality for the future referees to follow. Principles atomic number 18 the all important(predicate) part of the fantasy and are cognize as ratio decidendi which means the antecedent for deciding. This is what creates a precedent for resolve to follow in future cases. The remainder of the judgment is called obiter dicta and test in future cases do non project to follow it. In cases where there is a particularly important or intricate point of legality, more than one judge may wish to explain his legal reasoning on the point. This suffer hunting expedition problems in later cases as individually judge may suck in had a different reason for his decision.   on that point a re three types of precedent. Original precedent, if the point of law in a case has never been decided ahead consequently whatever the judges repay out decide leave behind form a new precedent for future cases to follow. pallium precedent, this is a precedent from an earlier case which must be followed even if the judge in the later case does not agree with the legal regulation.

Persuasive precedent, this is a precedent which is not binding on the judges to follow but the judge may consider it and decide that it is a correct normal so he is persuaded to follow it. Such an example gutter be seen in R v R (1991 ).  The government agency structure of th! e courts is very important in setting a precedent. any court is bound to follow any decision make by a court above it in the hierarchy. In general the appellate courts are bound by their deliver past decisions. Judicial precedent has some disadvantages to itself. Rigidity, the circumstance that set out courts have to follow decisions of higher courts with the position that the appellate courts have to follow their own previous decisions stick out make the law too inflexible so that deadly decisions made in the past may be...If you want to get a mount essay, order it on our website: BestEssayCheap.com

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