The ratio dicidendi means the reason for the decision. 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 the court.
Binding and persuasive precedent Judicial precedents have played and continue to play an important role in the administration of Justice under the English legal system. Although some said it is stiff and unbending, the orientation of social changes was attempted, and it opens to the time and start changing.
All decisions of the House of Lords are absolutely binding on all other courts. One of the most essential elements of English legal system is the doctrine of precedent. Precedent is rigid in the sense that once a rule has been laid down it is binding even if it is thought to be wrong.
For example, once judges in the Supreme Court or the Court of Appeal make a decision to a case, the lower courts have to follow the decision As law precedent essays the future cases as regards to share similar facts as a binding precedent.
Generally, if the decision was of a superior court then the lower court must follow it but superior court is not bound by the previous decisions of the inferior court. Get Full Essay Get access to this section to get all help you need with your essay and educational issues.
Judges who do not wish to follow a particular decision may be tempted to draw very fine distinction in order to avoid following the rule, thus introducing an element of artificiality into the law.
Only if the legal principle involved is the same and the facts are similar, a previous case will be bind in a later case. Stevensona client became ill and suffered personal injury after drinking spoiled ginger beer which was a decomposed snail inside the bottle. In Pepper v Hart, the House of Lords decided that Hansard could be admitted in evidence before the court when trying to decide what was meant by particular words in a statute.
It means that there will be new ratio dicidendi to follow when there is a similar future cases. Although there was a concept of a duty of care within particular circumstances, this case extended its appeal and the point of law as Lord Atkins made the precedent as known as the neighbour principle.
The original precedent means that there will be a new precedent to be set, as there is no previous decision for the judge to follow until that point of time. Ratio decidendi and obiter dicta For a judicial decision to be binding on subsequent courts, the decision must be ratio decidendi.
The cases are Balfour v Balfour and Merritt v Merritt Her claim was successful. Such precedents are not merely persuasive authorities which may be followed if the appear to be correct; they are precedents which must be followed. Where a higher court considers a precedent by a lower court is not the correct law, it may overrule that precedent when another case is argued before it on similar facts and thereby set a new precedent to be followed in future cases.
However, inthe Lord Chancellor issued a statement that in future the House of Lord would not regard itself as bound by its own decisions. Alternatively, the superior court may consider that there is some doubt as to the standing of a previous principle and may disapprove, but not expressly overrule the earlier precedent.
As an example of an original precedent, there is a famous case Donoghue v. In this case, the House of Lords accepted the decision made by the Court of Appeal that a raping can be established between a husband and a wife.
First, the English court hierarchy system consisted five levels of courts. The other source of the persuasive precedent is from the obiter dicta stated by judges.
It means that the highest court in the hierarchy, the Supreme Court As law precedent essays liable to every court which includes itself.
Differentiate between binding and persuasive precedent c. It must be realized that the system of precedent is not as mechanical as would appear from the above and a court is not always bound to follow a precedent which according to the rules outlined above ought to be binding upon it.
In particular the court may be able to distinguish the case before it from the previous case on the facts. A decision is said to be reversed when the party who lost the case appeals to a high court, and the appeal is allowed.
The case of R v R could be an example of persuasive precedent.The doctrine of precedent or ‘stare descisi’ is a principle or operation of law which allows the establishment of case law or common law, whereby the decision of a previous case establishes a precedent on which similar future cases can be decided.
Judicial Precedent is another important source of law, it is an independent source of law, where there are no legislations on the particular point in statute Books, and Judicial Precedent works great.
Judicial Precedent Essay Judicial Precedent "Within the present system of precedent in the English legal system, judges have very little discretion in their decision making." Judges have always been relied upon to interpret and apply the law.
The amount of case law precedent adds up to uncertainty. Case law and its precedents are contained in thousands of reports starting from the middle ages.
It is difficult for lawyers and courts to go through them and find similar cases. Law essay on judicial precedent. Tweet.
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Free Essay: Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar.Download