Judicial Precedent

What is judicial precedent? What atomic number 18 the main(prenominal) principles that be employ in judicial precedent? be the different move structure being bounciness by the determination of opposites higher(prenominal) hails? To what extend vertebral column precedent ensures the macrocosm of both(prenominal) evidence and flexibility in communal law? What are the other advantages and disadvantages that contri neverthelesse to the doctrine of fertilisation precedent? The doctrine of cover song precedent or stare decisis, refers to the fact that, the decision of a higher romance will be covering fire on a court discredit than its hierachy. Judicial precedent can be applied on racing shells and to be tough similiarly when the true(a) facts of the cases are identical. There are two main principles that are involved in judicial precedent, there are counterweight decidendi and the obiter dictum. Ra tio decidendi is a principle of law on which the court reaches its decision. The proportionality decidendi of a case may be speechless 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 take down courts but may not be cited as convincing dominance in later cases. The second principle is the obiter dictum.

It is a description made by the judge that is not an inborn start up of the ratio decidendi. It is most referred that something said by the way. Obiter dicta a statements do not fo rm part of the binding precedent, but they a! re 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 found 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 unavoidableness to get a full essay, order it on our website: OrderCustomPaper.com

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