The doctrine of binding judicial precedent The practice of following precedent is also known as ‘doctrine of stare decisis’ (stand by what has been decided). Precedent can either be declaratory precedent or original precedent. When a case is brought before a Court‚ the facts of the case has to be established by the court. After the facts are established‚ the judges will formulate and apply the relevant legal principle (the law) and reach their conclusion and decision. In accordance to doctrine
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or btw two parties in which compensation is awarded to the victim. Civil law covers anything that criminal law does not cover in the court system. 4. Common vs. Civil law countries- Common law countries prosecute with the concept of "Stare Decisis" meaning‚ let the decision stand. This means that these countries such as the United States of America make decisions based on precedent. These countries are case law countries and look at how past cases were decided and use that in the decision
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Interpretation contributes to such a process. The English legal system is a common law system‚ where the decisions of sitting judges in a case have future influence over future courts. Judicial Precedent binds judges by past decisions of higher courts‚ stare decisis‚ and they abide by them. This could be said to create a consistent and fair system i.e. a body of legal principles. Statutory Interpretation is how judges interpret/understand statutes‚ i.e. legislation set by Parliament. The two are linked
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to the lower courts so that the interpretations of the statutes are applied consistently and in uniform Stare decisis which means “to stand by things decided” is a fundamental basis for doctrine of precedent as it dictates that superior court judge decision’s should be bounded by all lower courts in the same hierarchy as the same ratio as it maintains consistency. The principle of stare decisis also builds its principle as when a decision of a court in a different hierarchy may be considerable weight
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Judicial Precedent is the way that English Common Law has evolved since the time of Henry II when courts were unified into a national system‚ making it common throughout England. Integral to it is the Latin phrase ‘stare decisis’ which literally means ‘to stand by what has been decided’. Its meaning in the case of judicial precedent is very similar‚ that a Judge will go by the same ruling as a previous judge has in the same cases; providing that the precedent comes from a higher or equal court‚ if
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Judicial Precedent What is it? Process by which judges follow the decisions of previous cases if material facts are sufficiently similar Operates through the doctrine stare decisis – to stand by what has previously been decided Why do we have it? Certainty/predictability – ensures justice is done Allows lawyers to predict outcome & advise clients People have full knowledge of the consequences How does it operate? In order for the doctrine to operate effectively it needs: 1. Effective
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Exam Answers Question 1 Statutory Interpretations is the process by which Judges interpret Acts of Parliament in cases.75% of cases heard by the Horse Of Lords are concerned with Statutory Interpretation .When it is called upon to deal with a problem of interpretation ‚the Court does two things here. Translation is what happens first‚ here they decide what the word means‚ then secondly they apply the correct meaning to the situation in question and decide on the results (in terms of the intention
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Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere‚ more commonly referred to as ‘stare decisis’‚ meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
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1. What is the most “jealously” protected kind of speech‚ according to the court in this case? (3 points) “The most jealously protected speech is that which advances the free‚ uninhibited flow of ideas and opinions on matters of public interest and concern. That which is addressed to matters of private concern‚ or focuses upon persons who are not "public figures" is less stringently protected.” (Taken from LexisNexis‚ Esposito v SFX case) 2. What court decided the case in the assignment? (2 points)
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Case name Case facts What it links to Rookes V Barnard Rookes sued the union officials‚ including Mr Barnard‚ the branch chairman. Rookes said that he was the victim of a tortious intimidation that had used unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means. -The case was almost immediately reversed Miliangos V George Frank Textiles George Frank Ltd was a Swiss textile producer who sold and delivered textiles to Miliangos‚ textile
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