And the decision of Supreme Court is bound to be followed by all courts subordinate to it. It is the main reason why the judge makes the decision in a case. It prevents error of judgment by individual judges, it prevents partiality on the part of the judges It helps lawyers to take a cautious view of the development of law on the basis of past judicial experience because of above all factors precedents are become achieve important place as one of the important source of law.
Rather than logic, it is based on convenience in the sense that it is provided in settled law and thus saved the labour of judges. The judge would give the reason by similarity as there was no earlier decision to follow.
Therefore, the judges have the choice to whether follow or not to follow. Some critics argue that, statute law is more important than precedent, they say that, judicial precedents are published in law reports which are in such a large number that it becomes practically difficult to find out a particular case from such a voluminous legal literature and so it is very time consuming, they also contend that, at one time, different courts express conflicting opinions on the same point which renders the validity of precedent doubtful and uncertain and there is always a possibility of erroneous judgment in such a case.
But there after in various debates question arises that, whether the expression all courts include Supreme Court also. In every cases, judges will provide judgments upon their decisions.
Her claim was successful. However, this rule does not permit the Court of Appeal to ignore decisions of the House of Lords.
E cigarette research paper E cigarette research paper shenuka corea essay leadership in early years essay. Stevensona client became ill and suffered personal injury after drinking spoiled ginger beer which was a decomposed snail inside the bottle.
This essay will argue about how the method of distinguishing can be applied by the judge, why it may need to be applied and the problems associated with distinguishing. This question was first discussed by S.
Therefore, there is no obligation on other Crown Court judges to follow them. The cases are Balfour v Balfour and Merritt v Merritt Essay about cultural competency. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems.
In this case, the court held that there is nothing in Indian constitution which prevents the S. Sometimes erroneous decisions of S.
Another objection which is quite often raised against precedent is that development of law through case-law more or less depends upon chance, because there is no test available for determining the validity of law made by precedent. But House of Lords is now not bound by its own earlier decisions and so nowadays House of Lords is not bound by its own previous decisions.This essay has been submitted by a law student.
This is not an example of the work written by our professional essay writers. Judicial precedent is source of law. Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare. Judicial Precedent - This essay will examine the doctrine of Judicial precedent that helps form the English Legal System.
It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. Article shared by.
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.
This essay will explain about how the doctrine of precedent operates in the English legal system, and explain when judges are, or are not, bound to follow previous decisions.
In this essay I will be discussing several points of interest that will help me answer the given question. My first point is on the Hierarchy of the courts.
Free Essay: A Judicial Precedent The doctrine of binding precedent or stare decisis, refers to the fact that, the decision of a higher court will be binding.Download