Judicial Precedent Essay

Judicial precedent is one of the unwritten law in Malaysia. The sources of law not only come from legislation but also from the cases decided by the courts. The courts in this context refer to the superior court in Malaysia, which are the Court Of Appeal, the Federal Court, High Court of Malaya and the High Court of Sabah & Sarawak. Judicial precedent also knows as case law, judicial decision or the stare decisis. The term ‘judicial’ refers to anything about the court while the term ‘precedent’

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent. The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever

collection of written decisions, which is covered and used in precedent for legal cases. Also, case was noted legal reason and argument . Law of case described in judicial precedent. Judicial precedent is source of law, which is based on the latin maxis. The latin maxim is “stare decisis et non quieta movere”, it means that stand by what has been decided and do not unsettle the established . Furthermore, in this essay will analyse the Judicial precedent and it has two meaning. First is process of judges who

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.

The doctrine of judicial precedent form part of the Malaysia system. The legal is one of the general characteristics of the English legal system. Judicial precedent is a decision of a higher court that will be binding on a lower court in hierarchy.The doctrine of judicial precedent is also called stare decisis.The judges will follow the decision or judgement of the previous cases if the facts and law are similar. For example,Federal Court’s decision is binding on Court of Appeal.This means “like

The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case

Judicial Precedent Setting a precedent is providing an example for others to follow. Legal precedent is however slightly more complicated. It is the term given to a previous decision, a particular stance or view, judge's Statement, or the effect of certain fact(s) present within a past case; which dictates or influences the adjudication or verdict of a later case. Or put simply 'a reason for deciding a particular issue as established by a judge in a previous case'.

often believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof, however, that as contrasting as they are on the surface they are actually working together to achieve one common goal. Judicial precedent in its broad definition is the process by which judges follow previously

decisis and Judicial Precedent In the course of deciding cases, judges create legal rules. This generates a precedent, contained in law reports that may be relied on in the future. The procedure by which judges follow decisions of previous cases is regarded as the doctrine of judicial precedent. This doctrine, is based on the Latin principle of stare decisis, “stand by what has already being decided” , stating that previously decided cases of higher courts generate a binding precedent over lower courts

1A) Judicial precedent is based on Stare decisis therefore in similar cases judges have to follow their own decisions and decisions made by judges before are binding on similar cases in the future to which previous ratio decidendi applies in order to reach a final decision. Ratio decidendi forms a binding precedent which means that in future cases it has to be followed which contain the same principles. Donoghue v Stevenson in 1932 set a legal precedent still in use today. 1B) Ratio decidendi