Judicial Precedent

What is judicial precedent? What atomic number 18 the briny principles that atomic number 18 employ in judicial precedent? ar the different move structure being bounciness by the closing of opposites higher(prenominal) hails? To what extend vertebral column precedent ensures the population of both(prenominal) evidence and flexibility in super acid law? What be the other advantages and disadvantages that contri neverthelesse to the doctrine of adhere precedent? The doctrine of back precedent or stare decisis, refers to the fact that, the decision of a higher accost will be cover on a court depress than its hierachy. Judicial precedent butt be applied on baptistrys and to be tough similiarly when the unfeigned facts of the cases are identical. There are two main principles that are involved in judicial precedent, there are harmony decidendi and the obiter dictum. Ratio decidendi is a principle of l aw on which the court reaches its decision. The proportionality decidendi of a case may be muffled as the recital of the law applied in decision making the legal problem raised by the concrete facts of the case. The ratio of a case is binding on freeze off courts but may not be cited as telling dominance in later cases. The second principle is the obiter dictum.

It is a description made by the judge that is not an indispensable start up of the ratio decidendi. It is most referred that something said by the way. Obiter dicta a statements do not form part of the binding preceden t, but they are persuasive authority and can! be taken into servant in later cases, if the later case consider it is seize to do so. Through judicial precedent, lower courts are bound by the decisions of higher courts, hence ground on the statement it is accurate to say that the doctrine of binding precedent does ensures both certainty and flexibility in the common law. It creates certainty in the sense where like cases are treated alike if the clobber facts are identical, and this will enable the...If you pauperism to get a full essay, order it on our website: OrderCustomPaper.com

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