An Assignment On Doctrine Of Precedent Law Essay.
The Definition Of The Doctrine Of Judicial Precedent Law General Essay. University of London. Common Law Reasoning and Institutions. Student Number: 120435836. Candidate Number: 150533. Introduction: The doctrine of judicial precedent is mainly stand for the certainty of the law. Usually the judges are bound to follow the previous decisions.
Precedent Essay. STUDY. Flashcards. Learn. Write. Spell. Test. PLAY. Match. Gravity. Created by. eleanorriggall. Terms in this set (7) Paragraph 1: Precedent can be considered effective as it provides an element of certainty and consistency in our legal system. This element of precedent allows lawyers to predict whether their client's case will be successful in court and give their client.
Judicial precedent has two principles. Firstly, that a court is bound by the decisions of any court that is higher or, sometimes, of equivalent level in the hierarchy of courts. Secondly, that like cases should be treated alike. Once a decision has been reached in one case it can be relied on in all subsequent cases which have similar facts as an accurate statement of the law.
Before we can delve into the relationship between certainty and flexibility in judicial precedent, each element must be explored individually. Unlike legislation and statue which most times speak to hypothetical situations, judicial precedent is a response to real situation and as such there is a foundation of pragmatism which holds the principle together. As it relates to certainty, the law.
Unit 2: P1 In this assignment I will be going into and explaining how precedent applies to the case study, I will also be going over all the precedents. read full (Essay Sample) for free.
AVOIDING PRECEDENTS DISTINGUISHING A binding precedent is a decided case which a court must follow. But a previous case is only binding in a later case if the legal principle involved is the same and the facts are similar. Distinguishing a case on its facts, or on the point of law involved, is a device used by judges usually in order to avoid the consequences of an earlier inconvenient.
Discuss the advantages of judicial precedent. (10 marks) A sound answer should discuss, at minimum, three of the points mentioned below,. Flexibility - appreciation that judges are used to adapting the law to new or slightly different situations despite precedent. Precedent decisions (particularly those of the appeal courts) - they provide detailed rules for later cases to follow as similar.