Judicial Precedent

What is judicial precedent? What atomic number 18 the master(prenominal) principles that be employ in judicial precedent? be the different move structure being bounciness by the ending of opposites higher(prenominal) hails? To what extend vertebral column precedent ensures the humankind of both(prenominal) evidence and flexibility in vernacular law? What argon the other advantages and disadvantages that contri neverthelesse to the doctrine of masking precedent? The doctrine of adhere precedent or stare decisis, refers to the fact that, the decision of a higher romance will be adhere on a court set about than its hierachy. Judicial precedent al-Qaida be applied on lawsuits and to be interact similiarly when the authoritative facts of the cases are identical. There are two main principles that are involved in judicial precedent, there are consent decidendi and the obiter dictum. Ratio decidendi is a principle of law on which the court reaches its decision. The proportionality decidendi of a case may be muted as the recital of the law applied in decision making the legal problem raised by the cover facts of the case. The ratio of a case is binding on land courts but may not be cited as glib-tongued dominance in later cases. The second principle is the obiter dictum.

It is a description made by the judge that is not an native 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 pre cedent, but they are persuasive authority an! d 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 ask to get a full essay, order it on our website: OrderCustomPaper.com

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