The Doctrine of Binding Precedent - Law Teacher. ! Essay On Binding Precedent

Declined Bounces In The Binding Precedents - Free Essay.

English Law and Doctrine Called Binding Precedent A precedent is a judicial decision which contains in itself a principle. English Law is based on a doctrine called binding precedent.Judicial Precedent will only be binding upon future cases depending on the hierarchy of court. This system of binding precedent is called stare decisis, the nature of judicial precedent. Once a precedent is made, it will remain unchanged until it is overruled by a higher court in a later case.Here is your essay on Judicial Precedent: 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 has been accepted as one of the important sources of law in most of the legal systems.

A binding precedent is created when the facts of a latter case are sufficiently similar to the facts of a previous case. The doctrine of precedent is often referred to as being a rigid doctrine. Within the court hierarchy, every court is bound to previous decisions made by courts higher than them.The persuasive precedent is more flexible on its sources. Although it is not binding to the court hierarchy, judges are able to use precedent if they find it necessary for the case or sufficient reasoning. Not only it is opened to use the obiter dicta, it is also opened to the precedents made by lower courts.

The existence of a precedent might prevent a judge making a mistake which he might have made if he had been left on his own guidance. It also saves court’s time as for most situations there is already an existing solution. Doctrine of binding precedent is based on a principle of fairness and justice.

A past decision is only binding if the decision is at the right level in the hierarchy and the facts of the second case are satisfactorily similar and also only the ratio decidendi of the earlier case is binding. A persuasive precedent is not completely binding on a court but may be applied. For eg. a.

In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. The doctrine of judicial Precedent did not become fully established until the second half of the nineteenth century.

The doctrine of binding precedent is the structure of reason and decision making. In this essay I will be evaluating and analysing the pros and the cons of the judicial precedent. The advantages include predictability, flexibility, practicability, fairness, and precision. The disadvantages are.

The Practice Statement (HL: Judicial Precedent) 1 W.L.R.1234, per Lord Gardiner, argued for and against a rigid system of binding precedent and highlighted that even though certainty is of importance within the making of Laws, to follow past precedents blindly will lead to injustice.

The doctrine of precedent in the context of the English legal system means the judges in the courts make the rules for a particular case before the courts given the facts of the case in a given area of law. If in the future, similar cases arises they use the same rules or reasons they use to make legal decisions.

The Doctrine of Precedent also known as stare decisis is a concept that has an important role to play in the English Legal System, especially as it strengthens the hierarchy of the courts. It is also said that this principle of binding precedent has been held to prevent litigation.

Essay on Binding Precedent. 2291 Words 10 Pages. The English system of precedent is based on the Latin maxim “Stare Decisis et Non Queita Movere” stand by what has been decided and do not unsettle the established. The idea is that by following precedents, which are the previous decisions of judges, fairness and certainty will be provided.

English Law and Doctrine Called Binding Precedent.

Doctrine of Judicial Binding Precedent Essay Sample. This question raises the issue of the role of precedent. In order to examine the statement, scrutiny of the doctrine of the judicial precedent is required. Case law is used to describe the collection of reported decisions of the courts, and the principles which stem from them.

Essay The Legal Principle Of Judicial Precedent. TASK 0NE BY SAM; Judicial precedent is quite a broad doctrine in the English legal system, means a fundamental legal principle or decision made in a higher or lower court in hierarchy, the decisions made may usually influence the future occurrences by either becoming binding or persuasive precedents.

Judicial Precedent Essay Pages: 3 (532 words) The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i. e., to stand by the decided.

Original precedent concerns a point of law that hasn’t been decided. What is derived from this is, a new precedent for future use. Binding precedent stems from earlier case law and must be followed. Persuasive precedent is not binding, but courts may take it in to consideration when considering a particular principle.

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English Law and Doctrine Called Binding Precedent.