Nobody downloaded yet

Identify the key elements which allows precedents to work in English court - Essay Example

Comments (0) Cite this document
Summary
These precedents are often referred to as 塗orizontal stare decisis which is nothing but the approach of a court to reach the decision. The discussion in the precedents of the UK law…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.6% of users find it useful
Identify the key elements which allows precedents to work in English court
Read TextPreview

Extract of sample "Identify the key elements which allows precedents to work in English court"

Download file to see previous pages One interesting fact about the UK judicial system is that UK does not have one unified judicial system. There are three different systems can be witnessed one for England and Wales, one system for Scotland and one system for Northern Ireland (Hart & Hart, 2012). The judicial precedent of Northern Ireland is somewhat similar to that of England and Wales but the precedent in Scotland shows a quite different system altogether. As far as the English law is concerned depending upon the type of the case whether a criminal case or a civil case the hearing is conducted in different courts.
The doctrine of judicial precedent is the base for the common law system. The principle of stare decisis is the base for the system of precedent. The inner meaning of this that the lower court has to take into account and follow the decisions of the higher courts where the facts of the cases are generally same. Thus this statement supports the need of understanding the hierarchy of the courts and their inter-relationship, which will help in understanding the development of the common law (Jacob, 2012). The hierarchy of the courts is as follows:
When the precedent is set by the court at the same level, it is mandatory the court is bound by the previous decision. However, this particular rule is subject to exceptions (Baker, 2000). There are various considerations that can be applied depending upon the level of the court, which will determine if the court can depart from an earlier decision of a court at the same level.
This court does not generally recognize the doctrine of precedent and has the freedom to depart from its own earlier decision. But the decisions from the European Court of Justice are bound to all courts in England & Wales.
The Supreme Court replaced the House of Lords on 1st October 2009. The jurisdictions of the Supreme Court are same as that of the House of Lords and the Justices of the Supreme Court will take up the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Identify the key elements which allows precedents to work in English Essay”, n.d.)
Identify the key elements which allows precedents to work in English Essay. Retrieved from https://studentshare.org/law/1665318-identify-the-key-elements-which-allows-precedents-to-work-in-english-court
(Identify the Key Elements Which Allows Precedents to Work in English Essay)
Identify the Key Elements Which Allows Precedents to Work in English Essay. https://studentshare.org/law/1665318-identify-the-key-elements-which-allows-precedents-to-work-in-english-court.
“Identify the Key Elements Which Allows Precedents to Work in English Essay”, n.d. https://studentshare.org/law/1665318-identify-the-key-elements-which-allows-precedents-to-work-in-english-court.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Identify the key elements which allows precedents to work in English court

Four key Elements

...in Mississippi and Louisiana (Schneider, 2011). The key four elements of disaster response showed incapacity in addressing fire outbreaks, engaged in haphazard evacuation and inappropriate assembly points of the victims. The state and federal agencies lacked coordination and proper communication systems of identifying hazards and coordinating the response and recovery efforts after the disaster (Cooper & Block, 2007). Resources from state and federal agencies The state and federal agencies were not adequately prepared for the disaster since the collapse of man-made levees led to destruction of more than 90 percent of utility infrastructure and lethal pollution. The Federal Emergency...
3 Pages(750 words)Essay

Key Elements of A Market Analysis

...Key Elements of A Market Analysis Market analysis consists of several key elements which help to analyze its potential and create a market plan. Market Analysis allows a company to identify the maximum units of a defined product or service capable of being purchased within a designated geographic area, during a designated time period, when supported by a realistic level of marketing activity. The key elements are the size of the market, the number of buyers and their geographical location, income and price level, response time, competitors, delivery model, etc. The geographic boundaries for a market should be established by the firm or people desiring analysis. The market can be worldwide or just a three states. These boundaries... them to...
3 Pages(750 words)Essay

Judicial Precedents

..., the higher position of the courts needs to be accepted, and secondly, an efficient system of law reporting should be in place. Under English legal system, judges are not justified to make their own decisions about the development, or interpretations of law. They may, or may not be held by a ruling made in a previous case. Two facts are important in finding out whether a precedent is binding: 1) The position in the court hierarchy of the court, which decided the precedent, relative to the position in the court, in deciding the current case. 2) Whether the facts of the current case come within in the ambit of the...
5 Pages(1250 words)Essay

First Amendment Legal Precedents

Here, Las Vegas is attempting to assert that a public street is a private place and the notion flies in the face of the first amendment. If the city of Las Vegas regulates the content of the expression, there must be a compelling state interest and must be narrowly written to achieve that interest. Perry Education Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983). Restrictions on speech in a public forum will likely also be upheld if the expressive activity being regulated is a type that is not entitled to full First Amendment protection, such as obscenity. Laws that regulate the time, manner, and place, but not content, of speech in a public forum receive less scrutiny by the Court than do laws that restrict the content o...
9 Pages(2250 words)Essay

English court hierarchy

...Law Part I - English Court Hierarchy Civil Courts Part I - English Court Hierarchy Criminal Courts Part II - Contract Thereare two main questions that need to be asked and answered in this case; (i) whether Edward's acceptance of David's offer is binding on David, and (ii) whether David's revocation of his offer is effective against Edward. An offer is made when a person makes a definite promise to do or to abstain from doing something and it becomes binding when it is accepted by whom it is addressed to. An offer may be either verbal and written. In this case, David's action by writing to Edward on 1st December offering to sell him a...
4 Pages(1000 words)Essay

Key Elements Of Hitchcock's Style

...Through detailed analysis of scenes from two films by each director discuss and evaluate how concepts hip can be applied to the study of films by Alfred Hitchcock and Martin Scorsasee. Your answer is expected to display understanding the critical issues at work on the debate of film authorship. "Hes a prophet and a pusher - partly true, partly fiction, a walking contradiction." - Kris Kristoferson - quoted by Betsy in Taxi Driver (1976). Key elements of Hitchcocks style that promote the idea that he is an auteur of the cinematic medium are: 1) the way in which his passion and dedication to his own vision superceded external influences at the time to break new...
16 Pages(4000 words)Essay

Analyzing+theme+key elements of poem

...An Analysis of the Silver Screen Memories Silver Screen Memories is a poem concerning on the significance and power of s. The poem also introduces the role of the entertainment industry in developing the people’s mind set regarding the modern heroes today. Names are relevant to people, not only because these identify us from each other, but also because of the power that is associated with names (whether real or fictional). Throughout the poem, the author enumerates famous names in the entertainment industry both real and fictional. As people continue to idolize the movie characters, people also continue to admire the artists who portray those movie characters. As a result, the names associated both with the actor and the...
2 Pages(500 words)Essay

English - elements of poetry

...Assignment Write a first-person singular one-page summary of what you learned about the Elements of Poetry: http://learn.lexiconic.net/elementsofpoetry.htm. (200 - 300 words) At first, I must admit that it was difficult to gain interest in poetry especially under the impression that by nature it is mostly figurative and thus would take deep level of thinking and significant amount of time. However, since the course has enabled the class to learn a flexible approach in studying poetry, I yield to a degree of appreciation in understanding poems based on the various styles and objectives used by the poets. On interpreting the meaning of a poem, I have found out that it is often useful to locate literary devices at least...
2 Pages(500 words)Essay

Key Elements in Annual Report Memo

...down some most essential elements of the report along with a brief explanation of each for your help. 1. The most widely read is a message by the Company’s Chairman, highlighting, the company’s performance for the year. Important topics of great interest, like new products of services should be highlighted. Other topics investors want to know also be included such as: a. ‘Director’s Remuneration ‘, how and how much he is paid. b. ‘Corporate Governance’ how director maintains control over the company. 2. Then comes the financial statements a. Income statement; It shows the company’s Profit earned in current year after subtracting Expenses from Revenue (Sales). b. Balance Sheet: It consolidates company’s financial...
1 Pages(250 words)Assignment

Identify key issues related to

...Internet communities Affiliation: Identify key issues related to intrusiveness, vulnerability, potential harm, informed consent, and confidentiality, which should be considered by researchers before studying an internet community. The internet contains a wide array of information and researches from people’s blogs to personal opinions and researcher’s seeking research participants on various issues (Eysenbach & Till, 2001). It is important for internet researchers to seek informed consents from their research subjects. The consent is mostly sought through the mail after explanation of what the research is about and what it will entail. Only those who provide the consent should be used as research subjects. Some research topics... communities...
1 Pages(250 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 Identify the key elements which allows precedents to work in English court for FREE!

Contact Us