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Judicial Precedents

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Length: 881 words (2.5 double-spaced pages)
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Judicial Precedents

Describe judicial precedents. Discuss the different ways case laws can
be superseded and quote some examples.

Answer for question 2

Judicial precedent can only operate effectively if the precise legal
reasons for
the past decision are known. The reasons for the decisions are known
as ratio
decidendi ‘reasons for deciding’, and it is this part of the judgment
that is
binding. Everything else said by the judge is obiter dicta, ‘by the
way’ which
can be persuasive but are not binding.

Judicial precedents elaborate principle of the Common law system.
Previous
judges made their decisions based on all proved facts provided by
solicitors of
both the defendant and the plaintiff, as well as the principle of
pre-existing
laws.

A judge may take the former decision as reference to assist
him to make the present decision. He may also decide the present case
in the same
way as the previous case unless he can give good reason for not doing
so. In addition,
the judge in ...


... middle of paper ...


...nt countries may have different custom even they use common law
system.
The persuasive power of the precedent depends on the custom of the
country.

Date of the cases
The older cases are, the lower the degree of persuasion will be due to
the change of
the legal system or legislations. Moreover, the conditions or
backgrounds of the old
persuasive precedent are different from the present cases. For newer
precedent, there
is more similarity of the cases. Argument of the legal point can be
reduced.

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