Nobody downloaded yet

Understanding the Law - Essay Example

Comments (0) Cite this document
Coexistence of people within a society is associated with interpersonal interactions in relations. This has led to the need to protect people’s interests from exploitation and oppression by other parties…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.5% of users find it useful
Understanding the Law
Read TextPreview

Extract of sample "Understanding the Law"

Download file to see previous pages While the binding principle of judicial precedents applies to ratio decidendi as applied in the original case, obiter dicta do not bind. This means that in cases where a judge is bound to use a precedent, the judge must apply the rules of law that were applied by the former judge as ratio decidendi. Other elements of the precedent case that do not form part of the precedent’s ratio decidendi are not binding (Robertson, 2010, p. 20). Types of judicial precedents Application of judicial precedents defines the types of precedents that have been identified in the judicial system. A judicial precedent can be original, binding, or persuasive. An original precedent is a first establishment of rule of law in cases where no precedent has been laid. This occurs when the facts of the case at hand does not correspond to facts of any other case for which a rule of law has been established in interpretation of the law. The presiding judge therefore establishes a precedent to the case called original precedent. A binding precedent is on the other hand a judicial decision that has already been established in a previous decision and whose application binds a judge. The principle of a binding precedent imputes a judge’s obligation to apply an already established precedent irrespective of the judge’s opinion over the principle of law as was established in the earlier case. This application is based on the rule that decision of a higher court binds judges of lower courts (Robertson, 2010, p.18- 19). Persuasive precedents are however not strictly binding to a judge as the judge has the freedom to either apply the precedent or not. This means that unlike in the case of a binding precedent, application of a persuasive precedent is at the...
Understanding the law

The paper will explore concepts of the two legal applications. Judicial precedents Judicial precedents, as defined by Robertson, are a source of law that originates from the judicial system. The doctrine of precedents establishes former decisions by judges to form ground for decisions to be made by other judges in future cases. The doctrine is based on the principle that an established rule of law through decisions of judges should remain standing. Robertson argues that the doctrine establishes ground for “fairness and certainty of law”. The doctrine of judicial precedence is a deviation from the traditionally perceived judicial role of interpretation of the law for implementation. While the primary role of the judiciary is to determine the best meaning in application of law in litigations, the doctrine of judicial precedents offers the judiciary a law making authority. This is because judicial precedents are recognized source of law in which an already established decision is to be applied in future cases involving similar facts. Application of judicial precedents however relies on two principles, ratio decidendi and obiter dicta. While the jury limits the powers of the judge in determining the case, the judge ensures that jurors are properly selected to eliminate chances of bias. The above views are therefore completely justified within the concept of democracy, openness, and fairness of the jury process. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Understanding the Law Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Understanding the Law Essay Example | Topics and Well Written Essays - 1750 words. Retrieved from
(Understanding the Law Essay Example | Topics and Well Written Essays - 1750 Words)
Understanding the Law Essay Example | Topics and Well Written Essays - 1750 Words.
“Understanding the Law Essay Example | Topics and Well Written Essays - 1750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Understanding the Law

Understanding information

...? ID Number Table of Contents Introduction of the Report 3 Question Shoppers’ Ratings to Different Aspects of the Fashion Show 3 Question 2: Shoppers who are Interested in Each Type of Fashion Show 5 No. of “Yes” Responses 5 Question 3: Number of Fashion Items Purchased 6 Question 5: Number of Shoppers in Each Age Group 6 Appendix 1 8 Frequency Table: Shoppers’ Ratings to Different Aspects of the Fashion Show 8 1a: QUALITY 8 1b: VARIETY 8 1c: STAGING 8 1d: MODELLING 9 1e: VIEWING 9 Appendix 2 10 Frequency Table: Shoppers Interested in Each Type of Fashion Show 10 2a: GENERAL 10 2b: WOMEN 10 2c: MEN 10 2d: CHILDREN 10 Appendix 3 11 Descriptive Statistics: Number of Fashion Items Purchased 11 Appendix 4 12 Frequency Table 3: Number... ID Number ...
3 Pages(750 words)Essay

The Law of Comparative Advantage as a Basis for Understanding International Trade

...?THE LAW OF COMPARATIVE ADVANTAGE AS A BASIS FOR UNDERSTANDING INTERNATIONAL TRADE s Abstract This paper analyzes the influence of comparative advantage law as a basis for international trade. The paper is based on Ricardian and Heckscher-Ohlin trade theories. An empirical case study of the automobile production in Japan has be analysed and contrasted with aircraft manufacture sin US. Despite evidence demonstrating that comparative advantage influences international trade, review of different works has revealed that its influence may be limited by factors such as trade barriers and economic similarities between countries. In addition, comparative advantage as a basis for...
8 Pages(2000 words)Essay

Foundations of property (How useful is the idea of ownership to an understanding of property in law) a misplaced focus on physical possession of an object instead of on the complexes of rights that form the stuff of modern property law.3 And most importantly, Hohfeldian analysis was thought to give the fatal blow to property is things by proving it incapable of handling divided or multiple ownership. Bruce Ackerman describes the standard "divided control" objection to property is things and the legal orthodoxy that formed around it: "Instead of defining the relationship between a person and 'his' things, property law discusses die relationships that arise between people with respect to things. More precisely, the law of property considers the way rights to things may be parceled out...
8 Pages(2000 words)Essay

Understanding Art

...Understanding Art Art is a hard concept to define. This stems from the fact that art means different things to different people. Dr. Lois Fichner-Rathus teaches the history of art. Fichner-Rathus explains that their are fifteen purposes of Art, each prevailing on an aspect to further views about why and how art can be understood. Many think that art serves no function to society, that it merely exists only to satisfy the artist, while others believe that art enhances our occupation with usefulness and productivity. Fichner-Rathus aims to heighten awareness of what we respond to, by asking us to communicate why the work of the artists is important, even if you do not like it, you can at least say that you do...
3 Pages(750 words)Essay

The key to understanding common law system is their adversarial nature

...procedural action; under the second, officials perform most activities.” 3 Moreover, adversarial systems are characterised by the following: the parties to the action control its flow or conduct; the trial consists of a continuous hearing and is the center of the judicial system; the production of evidence falls in the hands of the contending parties; the rules of court has no compulsory role. This is directly antithetical to the inquisitorial system where the judge takes the center stage and controls the flow of the action and determines the evidence to be presented as well as the procedure to be employed in the course of the hearing. 4 The Key to Understanding the Common Law System Is Its Adversarial...
6 Pages(1500 words)Essay

Compare Hobbes' and Locke's understanding of the state of nature and of natural law. Who is more convincing

...of perfect freedom for men to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature; without asking leave, or depending on the will of any other man” (Locke 2004, 4). Furthermore, it is quite similar to Hobbes’s state of nature, “[a] state... of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another” (Locke 2004, 4). Although this state is independent, it is not absolutely free (Locke 2004, 133): [Man] has not liberty to destroy himself, or so much as any creature in his possession, but where some nobler use that its bare preservation calls for it. The state of nature has a law of nature to...
8 Pages(2000 words)Essay

Understanding the Impact of the Three Strikes Laws to Offenders and to Law Enforcement

...Understanding the Impact of the Three Strikes Laws to Offenders and to Law Enforcement and Providing Strategies on How to Implement these Laws I. Introduction The three strikes laws mandate that habitual offenders should be meted with higher punishments compared to first time offenders (Zimring, et. al., 2001). The term “three strikes” was actually taken from rules of baseball where the batter is given two strikes before he or she is declared out. In applying this rule to offenders, the three strikes laws significantly increases the prison term of people who have been previously convicted of other forms of offenses (Zimring, et. al.,...
7 Pages(1750 words)Essay

What if anything, can the study of family law gain from an understanding of theoretical approaches towards the relationship between law and families

...conflict and divorce emerge, but there is nothing “private” about that: It is entirely a function of public institutions. Thus, it is clear that the study of family law gains from an understanding of theoretical approaches towards the relationship between law and families in several ways. Understanding how people actually live their lives and tend to view their families helps for lawmakers, mediators, social workers and others to resolve issues and craft policy so as to avoid alienating families. Having a perspective to understand the climactic shifts to gender and family relations is vital to being able to navigate future issues. Making policy without...
8 Pages(2000 words)Essay

Understanding Vietnam

...Understanding Vietnam Vietnam fought for its independence just like any other nation did. Being a French colonist, it aimed at getting its freedom and exercises their democratic rights just like every other nation. The war took a long time before the Vietnamese could evacuate the French people from their country. Many lost their lives, but continued fighting for their independence. Finally the French people were out, and Vietnam felt it had gained its independence only later to realize that the battle is far from over. Japan on realizing that Vietnam was a free nation and has no leadership, they decided to invade them again. Another war broke, and this time other nations also joined the war. Many Vietnamese had taken...
3 Pages(750 words)Assignment

Understanding schizophrenia

...Schizophrenia is, by and large, considered to be one of the most mentally debilitating mental disorders today. It is an extremely severe and challenging illness not just for the mental health experts but also for the patients themselves. Millions of Americans are suffering from Schizophrenia. As a matter of fact, in 2008, a study concluded that 2 million Americans are affected by the disease. Understanding the historical origin, cause, risk factors, signs and symptoms, and the latest available treatments for the disease is particularly crucial in that it provides us with a profound knowledge about the nature of the disease; and how it can be prevented and treated. While it is often dreaded and misjudged, schizophrenia is...
9 Pages(2250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Understanding the Law for FREE!

Contact Us