This website uses cookies to ensure you have the best experience. Learn more

Judicial Precedent Essay

2181 words - 9 pages

Judicial Precedent

A) Explain what is meant by the doctrine of precedent. (11)

B) What are the advantages and disadvantages of the doctrine of
precedent? (14)

A) The doctrine of judicial precedent is at the heart of the common
law system of rights and duties. The courts are bound (within limits)
by prior decisions of superior courts. One level includes stare
decisis, this means to stand by what has been previously decided in a
previous case and that this decision should be kept to and that you
should in no way try to unsettle the established.

This can benefit the system of common law because it supports the idea
of fairness and it therefore provides certainty in the law and also
consistency in the law. Another aspect of stare decisis that concerns
the court hierarchy is that decisions that are made in the higher
court must be followed by the lower courts and the same decisions must
be followed at all time.

This leads me on to my next point about the court hierarchy. Under
stare decisis the courts must follow the judgments that were made by
their superior courts. In the civil system, this is as follows. The
main court is the European Court of Justice (ECJ). The decisions that
are made here bind all of the lower courts to it. For example a
decision that was made in the ECJ must be followed in the House of
Lords (HOL.) again the decisions that are made in the HOL must be
followed in the Court of Appeal (COA) (this is however only in the
civil division for civil cases), once again the decisions made in the
COA must be followed by all the divisional courts, and the high courts
must follow these decisions and finally the county court must follow
the high courts decisions.

Again the criminal court hierarchy is similar to the civil court, it
starts in the ECJ, and the decisions made in this court again follow
over to the HOL. These decisions follow over to the COA, and the
decisions made here follow over to the Queens Bench Divisional Court
(QBD) and these follow into the Crown court and again these follow
into the magistrate’s court.

Another part of the doctrine of precedent is obiter dicta, this means
that it is a comment made by a judge in a decision or ruling which is
not required to reach the decision, but may state a related legal
principle as the judge understands it. While it may be said in legal
argument, it does not have the full force of a precedent since the
comment was not part of the legal basis for judgment; it is just
simply trying to persuade the law to make a decision.

The other part of the doctrine of precedent is ratio decidendi. This
is the part of the judgment that is the most important for the
doctrine of precedent. The ratio decidendi means the reason for
deciding. Ratio is the main facts of how the judgement is decided.
Once the...

Find Another Essay On Judicial Precedent

Is Judicial Precedent an efficient System of Lawmaking?

1570 words - 6 pages Is Judicial Precedent an efficient System of Lawmaking? Judicial precedent often referred to as case law, is one of the main sources of English law. Its roots go back to the early common laws of the country. It is based on the Latin maxim Stare decisis et non quieta morvere, which loosely translated means, stand by what has been decided and do not unsettle the established. In order for the judicial precedent system to

Common Law in Australia Essay

1090 words - 4 pages a reason for a decision of another court that is not binding, and should only be considered for its persuasive value. It is the role of the judge in the common law system to develop and expand the common law where he or she sees fit. It is paramount for judges to base their decisions on cases on judicial precedents. The system of precedent can only operate effectively if the respective precedents are recorded. From as early as the beginning of

History and Application of Common Law

1873 words - 7 pages are presenting arguments to a court, and courts may use it when they are attempting to interpret a statute.” 2a) Judicial Precedent is defined as a legal case law establishing a principle or rule that a court or other judicial body may apply while deciding subsequent cases involving similar issue [Judicial Precedent Law & Legal Definition, 2001:1]. In other words, it is a system whereby a lower court judges take into account Supreme Court

Important Court Case in American History: Marbury v. Madison

604 words - 3 pages Arguably the most important court case in American History, Marbury v. Madison was a revolutionary decision that set precedent unparalleled to any other court case. This case, which regarded the midnight appointment of Marbury, a justice, is more important for its effects than the actual ruling. It established the incredibly important judicial review; the Supreme Court’s power to declare acts of congress unconstitutional, and balanced the

Legal Review

1396 words - 6 pages the civil law tradition it does not have any common law reference and judicial precedent, therefore all legal cases must be addressed against a certain law applicable for the case which will also determine the outcome of the verdict of the mentioned case. Finally the judicial system of Greece (Hellas) is completely independent and its independence is guaranteed by the constitution. The Greek judicial system has the authority to review

Marbury vs Madison

921 words - 4 pages nonpartisan instrument. It established the precedent for the Supreme Court to rule on the constitutionality of laws, through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government, as well as firmly grounding the role of the Judicial Branch. To up hold the precedent already

Utility of the Jamaican Court Structure

855 words - 3 pages Assignment: In no more than two to three pages, explain the utility of the Jamaican court system.The Jamaican Common Law system of jurisprudence has been adopted from English Common Law which is based on the doctrine of judicial precedent, the principle of which the lower courts must follow the decisions of the higher courts, rather than on statutory laws. Such a system originates from the doctrine of stare decisis et non quieta mover meaning

Marbury v. Madison and Judicial Review

1022 words - 5 pages seemed to have the same viewpoints as Marshall, always trying to keep the checks and balances intact and equal. He kept this dedication through the Dred Scott v. Sandford case, using judicial review to rule the Missouri Compromise of 1820 unconstitutional. Strangely, “Marbury’s importance as a precedent for judicial review of legislation was never mentioned by the Court”(Clinton 119). If Marbury v. Madison was such a pivotal case, then it would

The Difference between Judicial Activism and Judicial Restraint

846 words - 3 pages The Difference between Judicial Activism and Judicial Restraint Our American judiciary branch of the federal government has contributed and molded our American beliefs in this great nation. This branch of government is respected because of the code of conduct that the judges, no matter how conservative or liberal. The language of the court as well as the uniform of the cloaks that judges wear has most probably contributed towards this

Judges Philosophy Methods

717 words - 3 pages unconstitutional.If a judge today was to use the judicial restraint as a method for dealing with a similar case , he would use that case as a precedent. Judicial activism is the view that the supreme court and other judges can and should creatively reinterpret the texts of the constitution and laws in order to serve the judges own visions. This philosophy can help with paving the way for case topics that are always judged as unconstitutional or

Precedent: This essay looks at all the aspects of precedent with cases to back up the essay

2198 words - 9 pages Judicial Precedent by Anthony HarteJudicial precedent often referred to as case law, is one of the main sources of English law. Its roots go back to the early common laws of the country. It is based on the Latin maxim Stare decisis et non quieta morvere, which loosely translated means, stand by what has been decided and do not unsettle the established.In order for the judicial precedent system to work, an accurate detailed method of reporting

Similar Essays

Judicial Precedent Essay

2214 words - 9 pages Judicial Precedent Setting a precedent is providing an example for others to follow. Legal precedent is however slightly more complicated. It is the term given to a previous decision, a particular stance or view, judge's Statement, or the effect of certain fact(s) present within a past case; which dictates or influences the adjudication or verdict of a later case. Or put simply 'a reason for deciding a particular issue as

Judicial Precedent Essay

1092 words - 4 pages Judicial Precedent ESSAY: a) Explain and illustrate the operation of the doctrine of judicial precedent. b) How far is it true to say judges are bound by decisions in earlier cases? A) Judicial precedent is where the past decisions of the judges create law for future judges to follow. English precedent is based on the Latin, stare decisis, meaning stand by what has been said in the past. This allows the rules

Judicial Precedent Essay

2651 words - 11 pages Judicial Precedent "Within the present system of precedent in the English legal system, judges have very little discretion in their decision making." Judges have always been relied upon to interpret and apply the law. Therefore, their decisions should be fair and consistent so as the individuals seeking legal remedies would have more faith in the judicial system of the state. AS the UK has not a very complete and/or

Detailed Revision Notes On British Judicial Precedent

808 words - 3 pages Judicial Precedent. Introduction. § Judicial precedent means the use of decisions made by judges in the past as a source of law, where a similar case arises the past decision is used as a guideline. § It is also known as case law. § It is a major source of law both today and historically. § If law on a particular source of law is not found in legislation - law will be found through common law reasoning