Essays on Judicial Precedent

This assignment will be answering the two following questions which are: What is the purpose of precedent in English Law and Judges can interpret any statute in accordance with established rules developed in English Law, give a summary of these rules and explain the advantages and disadvantages of each. What is judicial precedent and how...

In this essay, we will be introducing marital rape, we are going to look at one article of Marianne giles which talks about the judicial law making in the criminal courts, and we will evaluate it using cases and scenarios. In addition, we will also, outline the advantages and disadvantages of the judge-made law. Firstly,...

The Law of Precedent is a principle arising from stare decisis, Latin for “let the decision stand”. The basic concept is that a ruling reached in a previous case is to be considered as binding law to all proceeding cases with the same ratio decidendi. This essay will differentiate persuasive and binding precedents. It will...

A judgement of a court referred to as a specialist for choosing a similar set of realities, a case which serves as power for the legitimate standard typifies in its choice. The common law has created by expanding down from precedent to precedent. A legal precedent is a choice of the court utilized as a...

Introduction Judicial Precedent is a highlight of the English lawful system is that judges can make laws by their call in court. On the off chance that the choice is of the next level court, it can work as an official point of reference which needs to be followed by other judges in afterward cases....

The conflict between different approaches to determine whether a defendant owes a claimant a duty of care has long been debated. Over the years, the courts have moved between ‘traditional’ approaches and different generalised tests, trying to find one common ‘test’ that can be applied to all cases when determining a duty of care. Whether...

This essay will study the doctrine of Judicial precedent that helps structure the English Legal System. It will illustrate a vary of views that have been raised by using the capability of Judges and pertaining to instances to the use of ‘Stare decisis’ when developing precedents. In addition, it will discuss how the traits in...

The system of judicial precedent involves common law and is additionally describe as case law or decide-created law. There are areas of each criminal and civil law that haven’t been statute by parliament. The system of antecedent ensures that there’s the same application of those laws within the court. The belief of judicial precedent is...