Judicial Precedent Essay Example - StudyMoose.
Judicial precedent can be explained as where past decisions of judges are followed in future cases when the facts of the cases are similar. Therefore the legal definition of Judicial precedent can be stated as a courts judgment quoted as a power for choosing a comparable set of facts; a case which provides authority for the legal principle launched in its judgment.
Law revision quiz on the doctrine of judicial precedent. Tests knowledge on the hierarchy of the courts, the 1966 Practice Statement, overruling and distinguishing, stare decisis and more.
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.
Essay On Judicial Precedent doctrine of legal precedent. Judicial precedent is regarded as the most important source of law that offers predictability, uniformity, equality, certainty and convenience. Judicial precedent though has negative attributes.
Judicial Precedent - Judicial Precedent ESSAY: a) Explain and illustrate the operation of the doctrine of judicial precedent. b) How far is it true to say judges are bound by decisions in earlier cases. A) Judicial precedent is where the past decisions of the judges create law for future judges to follow.
Judicial Precedent In order for the system of judicial precedent to work, there must be rules for judges to follow to make sure that there is consistency in the law. One way of doing this is to have a system on hierarchy, where decisions (judgements) in the superior courts bind those of the inferior court.
Judicial Precedent (Case Law) Essay Sample. The nature of judicial precedent. In examining the development of our law reference was made to the role played by the judges in its evolution, the common law and equity being the product of judicial reasoning in that they have both evolved through the system of case law whereby law is made for the purpose of the decision of the specific case before.