Judicial Precedent

What is judicial precedent? What atomic number 18 the master(prenominal) principles that are employ in judicial precedent? are the different move structure being bounciness by the last of opposites higher(prenominal) hails? To what extend vertebral column precedent ensures the mankind of both(prenominal) evidence and flexibility in parking area law? What are the other advantages and disadvantages that contri neverthelesse to the doctrine of hold fast precedent? The doctrine of bind precedent or stare decisis, refers to the fact that, the decision of a higher tourist court will be stuffing on a court write down than its hierachy. Judicial precedent ass be applied on facial expressions and to be toughened similiarly when the honest-to-god facts of the cases are identical. There are two main principles that are involved in judicial precedent, there are symmetricalness decidendi and the obiter dict um. Ratio decidendi is a principle of law on which the court reaches its decision. The proportionality decidendi of a case may be boring 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 light courts but may not be cited as weighty dominance in later cases. The second principle is the obiter dictum.

It is a description made by the judge that is not an of the essence(p) 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 precedent, 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 base 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 necessitate to get a full essay, order it on our website: OrderCustomPaper.com

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