The doctrine of judicial precedent is at the heart of the Common Law system of rights and duties. Judicial precedent is concerned with the major of case law in the common law system, it had been described as the legal experience from lawyer’s term. The term of ‘precedent’ there is an implication that what was done before should be done again and which mean a good guide to follow and trying to solve a problem is to see what examples exist where this or similar problems have been tackled before.
If a case then had decided point of law it will be logical that kind of explanation will look in the future. Therefore the law does not have essentially differently.
The doctrine of judicial precedent is based on the principle of stare decisis,
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And it is given by the judge at the end of a case as the explanation of his/her decision. On the contrary, judge supplemented the expression in the decision the opinion is other matters said that and judge cannot follow it from now on, it in the non-material's fact including judge the idea process, in the legal condition's general observation, the literary embellishment reference, case's judge impossible to be forced to accept afterward it, when was correct, but it might be highly persuasive. And the lower courts any way do not follow the Obiter Dictum.
To some degree legal theorists argue about the purpose on the doctrine of judicial precedent. Adherence to precedent helps achieve two objects of the legal order. Firstly it contributes to the maintenance of a regime of stable laws. This stability gives predictability to the law and affords a degree of security for individual rights. Secondly it ensures that the law develops only in accordance with the changing perceptions of the community and therefore more accurately reflects the morals and expectations of the community. And have good reasons that decision the judge-made properly in detail.
By contrast, precedent is accumulates over a long period of time by the time, therefore, it may not applicable to modern society, and the law is not kept up with the pace of the change in society. Meanwhile, it would be accumulated too many
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 is established in such a way that it is possible to predict what a decision will be and plan accordingly. There is a sense of security in this element of judicial precedence because once a legal rule has been established it is binding and cannot changed by a later or lower court, individuals can therefore adjust their behavior with regard to the legal rule.
b. From this, the principle may influential to individual justices that can compare the current case to that of a previous ruling, and in result the justice may choose the same ruling that was given to the similar case.
In legal models, the judge makes a decision based on facts and laws without considering how the decision may impact public policies. They may also utilize previous cases that have similarities to the current case in order to make a decision. This is useful because they may interpret the Constitution from different points of views of other justices or judges which had to make a decision on a past similar case (Video Engager). The only downside to this model is the fact that judges make decisions without
In addition, Case Law Reasoning was used to determine the outcome. Case Law Reasoning is when courts take prior cases, also known as precedents, and apply these cases to guide in the decision making processes. This application of taking prior cases to assist in the conclusion of current cases is known as stare decisis. Because case facts often vary, several cases are usually brought up to expand and make it possible to have a factual determination. In addition, several cases are brought up because moral ideas and the acceptance of such will change over time. Having
It would be impractical for judges to not make law in some situations as both parties in the case would not want the judge to refuse to deal with the case and they would want the matter decided. ‘Judicial decisions are important as a source of law on matters where the government is
27). By following this doctrine of precedent, stare decisis, judges are bound to follow the ratio decidendi, the reasons given, for the rulings in previous cases from higher up in their jurisdictional hierarchy. Rulings from other jurisdictions can also be used as persuasive force and argument, as can the obiter dicta, the judges’ comments other than those given as the reason for the ruling. In this way Judge made law resolves conflict and injustice by ruling consistently with rulings made in previous, characteristically similar cases. An inconsistent approach to similar situations cannot equate to being fair, just or equitable. In this way the ALS is not biased or prejudice, is applied equally to all, and ensures that the law is based on fairness and justice.
By not overruling, court is in fact honoring a precedent previously held. Precedent is reflected in the obligation of lower courts to honor decisions made by higher courts (Vertical) and the binding of judges by decisions of earlier judges in similar matters (Horizontal/ Stare Decisis).
Stare decisis “to let the decision stand” operates in a pyramid-type fashion and is the doctrine that judicial decisions stand as precedent for cases arising in the future. It is a fundamental policy of our law that, except in unusual circumstances, a court’s determination on a point of law will be followed by courts of the same or lower rank in later cases presenting the same legal issue, even though different parties are involved and any years have elapsed.
Precedent- A legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with
In this case study, I will explore the concept of stare decisis and wherether it is in exorable command. I will be explaining what the court means when it say that” stare decisis is not an inexorable command”. Also what it would mean for the American system of criminal justice, if stare decisis actually was “inexorable command”.
The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever a new problem arises in law the final decision forms a rule to be followed in all similar cases, making the law more predictable’ making it easier for people to live within the law.
Time-saving. Where principles have been established, cases with familiar facts are unlikely to go through a lengthy process of litigation. The main disadvantages of the doctrine of judicial precedent are; -
of it. "The law and the opinion of the judge may not always be one and the
The judges in the lower courts are bound to follow previous decision of the higher courts. It is an essential component of the common law as it is important of adequate law reporting. It is a decision of the court used as a source for future decision-making.