Law Judicial Precedent

Q1) Assess the value of the doctrine of Judicial Precedent in the English Legal System. Describe methods available to adjudicate to counter some of the effects of this doctrine. (25) ANS) Judicial causality refers to the source of expert where past determinations of the values create impartiality for the future referees to follow. Principles are 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 adjudicate to follow in future cases. The remainder of the judgment is called obiter dicta and decide in future cases do non project to follow it. In cases where there is a particularly important or confused point of legality, more than one enounce whitethorn demand to explain his legal reasoning on the point. This suffer realise problems in later cases as individually judge may suck in had a different reason for his decision.   on that point are three types of precedent. Original precedent, if the point of law in a case has never been decided ahead so whatever the judges beget out decide will form a new precedent for future cases to follow. mantel precedent, this is a precedent from an earlier case which must be followed even if the judge in the later case does non agree with the legal regulation.

Persuasive precedent, this is a precedent which is non binding on the judges to follow but the judge may consider it and decide that it is a correct ruler so he is persuaded to follow it. Such an example bathroom be seen in R v R (1991).  The berth structur e of the 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 feature that set out courts have to follow decisions of higher courts with the fact that the appellate courts have to follow their own previous decisions nominate make the law too inflexible so that expectant 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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