Judicial Precedent

Essay Title:
Judicial precedent is best dumb as a practice of the courts and not as a set of fertilisation rules. As a practice it could be refined or changed by the courts as they wish.

Introduction

English legal philosophy has been formed over some 900 years it was not until the midway of the 19th Century that the modern Doctrine was reaffirmed. London Tramways Co. Ltd V London County Council (1898) Law is open to interpretation, all decisions made since the blood of the English Legal System, have had some form of match whether it is beneficial or not. The term Judicial Precedent has at least two meanings, one of which is the process where Judges volition follow the decisions of previously decided cases, the other is what is known as an Original Precedent that is a case that creates and applies a clean rule.

The rules that govern the binding precedential effect of judicial decisions be a part of the deep structure of our legal system. They argon largely intuitive, taught only in passing at impartiality schools and are rarely addressed by positive law. darn the application of these rules of precedent can be difficult in practice, we rarely struggle with whether a given decision of a court within a particular hierarchy is binding at all.




Our understanding about which decisions can be potentially binding arises out of a standard model of precedent. to a lower place that standard model, we know that, with limited exceptions, lower courts within a geographical jurisdiction are bound by pertinent precedent announced by higher courts within that jurisdiction (vertical or hierarchical precedent), and courts are somewhat more loosely bound by prior relevant decisions issued by their own court (horizontal precedent or gaze decisis). This standard model of precedent largely tracks the standard function for civil cases in the United States: district court decisions are reviewed by the intermediate court of appeals for the geographic circuit in which the district court sits, and those...If you want to get a undecomposed essay, order it on our website: Orderessay



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