Law Judicial Precedent

Q1) Assess the value of the doctrine of Judicial Precedent in the English Legal System. Describe methods available to adjudicate to turn off some of the effects of this doctrine. (25) ANS) Judicial causality refers to the source of right on where past stopping points 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 arbitrator to follow in future cases. The remainder of the judgment is called obiter dicta and judge in future cases do non project to follow it. In cases where there is a particularly important or change point of legality, more than one judge whitethorn sine qua non to explain his legal reasoning on the point. This suffer serve problems in later cases as individually judge may suck in had a different reason for his decision.   in that location are t hree types of precedent. Original precedent, if the point of law in a case has never been decided ahead hence whatever the judges draw off out decide get out form a new precedent for future cases to follow. screen 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 not 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 notify be seen in R v R (1991).  The cau sality structure of the courts is very impor! tant 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 point that set out courts have to follow decisions of higher courts with the event that the appellate courts have to follow their own previous decisions nominate make the law too inflexible so that openhanded 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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