CHECK THESE SAMPLES OF System of Precedence in Judiciary Law
This paper explains the term judicial precedent, types of precedent, use of precedent, application of precedent in courts, and the role of precedent with law making by legislation.... In some instances this may even involve using one case in, say, shipping law, to answer a question about the liability of a fairground company to a local authority in the law of contract (The Doctrine of Judicial Precedent, p.... Judicial Precedent judiciary has different ways of settling disputes....
5 Pages
(1250 words)
Essay
Under English legal system, judges are not justified to make their own decisions about the development, or interpretations of law.... Precedent has a very important role in the common law.... It ensures firmness, uniformity, logical sequence and expansion of the law.... At the same time, it can be rigid and complex - what is "the law" on a subject may be very difficult to find or to state as it is often spread across many cases with varying degrees of intricacies....
5 Pages
(1250 words)
Essay
nbsp; As such, the interpretation needed to set precedence and decide the matter of law becomes more contentious.... Rather, it is the subsequent duty of jurists to decide each case on its merit with regard to and with reference to matters of law.... It is the Judiciary's responsibility to apply the law, that interprets the meaning of Parliamentary Acts.... The debate is centered on the belief by some that jurists may, instead of following the letter of the law, rule on what the see as the purpose behind it....
15 Pages
(3750 words)
Essay
It sounds like a criticism against the judges that a law that they will interpret will determine the nature of their work.... Famous of these rights are the right to life, liberty and happiness and their deprivation could not be permitted without due process of law.... Other laws like criminal statutes or civil law legislations do also enumerate certain rights but the tenor of these obligations normally discusses duties, responsibilities and obligation and the consequences of their violations....
10 Pages
(2500 words)
Essay
It is a longstanding fact that the doctrine of precedent has been an integral component of… It has been contended by Duxbury that flexibility and stability are both necessary for the common law system (Waddams, 2009, p.... This requirement has been fulfilled by precedent.
The common law legal system is based on precedent, which makes it possible to bring The majority of those who support precedent tend to overlook the justice seeking benefit provided by this concept, and are inclined to praise its practical value (Bader & Cleveland, 2011, p....
6 Pages
(1500 words)
Essay
I agree wholly with the relevance and importance of the doctrine of precedent because it plays a very important role in the judicial system of any common law jurisdiction by ensuring predictability of the legal system, maintaining stability, and promoting rational application of the law.... This stability gives the law certain credibility and maintains public trust in the judicial system (Gerhardt, 2008).... This policy is very important for promoting justice, which is the main concern of the judiciary....
4 Pages
(1000 words)
Assignment
This work called "Do Judges Make the law or Find It?... nbsp;
An older dimension of the ideology that judges do not make law is captured in saying that judges find or declare law but do not make it.... he question of whether judges make law or find and the arguments relating to this question is hinged on the roles of the three major organs of the government; the executive, judiciary, and legislature.... It is argued that the legislative branch of the government has the mandate of creating the law....
9 Pages
(2250 words)
Essay
nbsp;… To enhance adequately realize flexibility and certainty the use of precedence law the British judicial system is encouraged to accurately distinguish case on the basis of evidence provided as well as judges to exercise full power in revising and overruling cases in favor of justice.... The main concern of this type of law used in the UK is to ensure predictability and consistency of law in handling various cases that have been dealt with before....
9 Pages
(2250 words)
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