Judicial Precedent Essay

The rule of law in civil and common law traditions In both the common and civil law traditions the ordinary function of a court is adjudicative. Courts make findings on disputed questions of fact, identify and apply the relevant law to the facts as agreed by the parties or found by the court, consider the legal consequences and award appropriate remedies. Thus, a state that adheres to the principle of ‘rule of law’ provides legal certainty to it citizens, to plan their lives with less uncertainty

self-regulating legal system. Legal realism combines the connection between law and social reality; this would enable judicial decisions by the

establish the differences between English common law and the civil law. The English common law is set based on decisions made by the higher courts, judicial opinion and similar cases which is known as “doctrine of Stare decisis ” while the civil law consists of a “codified set of laws” . The common law involves the judges making the decisions, setting the precedent, and controlling the conflict between the opposing parties. This differs to civil law as judges must apply the relevant law to the case and make

CONCEPT OF PRECEDENT Explain the Concept of Precedent to a Lay Person Hart (2012) stated that precedent is a concept that has its origins in the Latin language. It is an adjective that refers to that “appearance before or is otherwise pre respect”. For example: with this precedent, I do not think we grant the loan request, the scandal sparked by congressman is unprecedented in the history of the national congress, and there is no precedent for such a situation. We speak of legal precedent when a decision

Winterbottom v Wright; Longmeid v Holliday; George v Skivington; Heaven v Pender; Le Lievre v Gould; etc), with reference to the operation of the doctrine of precedent and the techniques of applying and distinguishing cases. This will require you to do much more than describe the facts of any of the cases involved; we are interested in the legal/judicial techniques employed by the judges and how they deal with previous case law that could be regarded as favourable or adverse to the judges’ preferred view

The Judicial system in the United States is a system that provides Courts with the power and authority to administer justice, though that justice must be within the bounds of the law. As some laws in the U.S. tend to be ambiguous, or lacking in specific direction as applied to a particular case, the Court system is also responsible for interpreting the laws, and ensuring they are applied correctly on both the state and federal levels. While the Judicial system is not authorized by the U.S. Constitution

doctrine of precedent in Australia legal system. The doctrine of precedent, in a simple words, is the principle that binds the common law together. As a general rule it means the courts were bound to follow the decisions of all courts superior to it in its own court hierarchy. This paper is divided into four parts. The first part mentions a background of the topic, the second part concentrates on analyzing the principle as well as the advantages and disadvantages of the doctrine of precedent. Finally

doctrine of precedent. It will review the advantages and disadvantages of the doctrine of Stare Decisis. Additionally, it will compare and contrast the Supreme Court and the High Court with regards to its position on precedent. It will show that precedent is not a ‘binding unalterable rule’, as stated in Rigoni in Common-Law judicial reasoning and Analogy, by explaining the practice of distinguishing. It build a clear picture of the flexibility of the courts when it comes to precedent. Although precedent

The doctrine of binding precedent, or stare decisis is the heart of the English Legal System. It refers to the fact that within the hierarchical structure of the English courts, a decision of a higher court will be binding on a lower court. The House of Lords or the Supreme Court stands at the peak of the English court structure and its decisions are binding on all lower courts. And it should always have to bear in mind, that, as the UK is a member of the EC, and as the ECJ is the highest court

Introduction. Equity by its nature is a fluid subject where maxims are simply guidelines to be used or ignored at the whim of the court and solutions to litigation sometimes aim at justice (or expedience) at the expense of the legal rules of equity (equity will [sometimes] follow the law). This is illustrated by the two overarching maxims where equity will not assist a volunteer and equity will not perfect an imperfect gift when in practise there are established systems of equity which often do assist