Judicial Precedent Essays

Judicial Precedent Essays

Length: 2153 words (6.2 double-spaced pages)

Rating: Term Papers

Open Document

Essay Preview

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.
The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever a new problem arises in law the final decision forms a rule to be followed in all similar cases, making the law more predictable’ making it easier for people to live within the law.
An original precedent is where a point of law is decided for the first time. This was illustrated in Donoghue v Stevenson where there was a decomposing snail in a bottle of ginger beer. The House of Lords set a precedent that manufacturers owe a duty of care to customers in the law of negligence.
A key factor of judicial precedents usually refers to decisions of a higher court being binding upon a lower court in the hierarchical structure of the courts. This is best illustrated in Donoghue v Stevenson . However, if the previous decision was made by a court of equal or higher status to the court deciding the new case, then the Judge should follow the rule of law set in the earlier case. These are known as Binding precedents.
The courts access these previous judgements through the system of Law reporting. The system of precedents could not work without a precise and comprehensive compilation of the key decisions of superior courts readily available to all who need them. Authoritative reports compiled by legally qualified law reporters are formed prima...


... middle of paper ...


... law to be developed without need for lengthy litigation. Nonetheless, a change in law needs to be brought before the relevant court. This usually means litigants for the Court of Appeal or the House of Lords do not necessarily have the means to take their cases that far.

In conclusion, the doctrine of judicial precedent has been accepted to form our legal system, through the use of binding precedents. It has helped the law maintain certainty yet through flexibility of the courts and exceptions to depart from precedents the law has continued to develop in a just manner.


Works Cited

Penny Darbyshire, Darvyshire on the English Legal System, Ninth edition.
Terence Ingman, The English Legal Process, Eleventh edition.
Catherine Elliott Frances Quinn, English Legal System, Seventh edition.
Gary Slapper and Davis Kelly, The English Legal System, Tenth edition.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Judicial Concept Of Precedent Essay

- To Research the Judicial concept of precedent it required a systematic approach that focused on the analysis of primary legal materials. The systematic was carried out in a three stage process: Firstly, In order to understand the judicial concept of precedent it required a search of the key terminology through the Legal encyclopaedias and law dictionary’s on lexis and Westlaw. The Halisbury’s Laws of England was the most prolific legal encyclopaedia as this provided a reasonable definition of the term and also led to primary legal materials that illustrate the concept of precedent....   [tags: Precedent, Stare decisis, Law, Case law]

Term Papers
1643 words (4.7 pages)

The Application Of Judicial Precedent Essay

- Explain the application of judicial precedent in the court (P1) Judicial precedent is where past decisions of judges create law for future judges to follow. The judicial precedent runs through the court hierarchy that anything that the Supreme Court says on a case is binding to the lower courts that have similarities to a case. The courts follow cases from law reporting. Law reports have been around since the 13th century written on paper however and issue with is that the cases aren’t accurate....   [tags: Law, Separation of powers, Stare decisis]

Term Papers
2613 words (7.5 pages)

Judicial Precedent Essays

- This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent. The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever a new problem arises in law the final decision forms a rule to be followed in all similar cases, making the law more predictable’ making it easier for people to live within the law....   [tags: Law Legal]

Term Papers
2153 words (6.2 pages)

A Judicial Precedent Essay

- A Judicial Precedent The doctrine of binding precedent or stare decisis, refers to the fact that, the decision of a higher court will be binding on a court lower than its hierachy. Judicial precedent can be applied on cases and to be treated similiarly when the material facts of the cases are identical. There are two main principles that are involved in judicial precedent, there are ratio decidendi and the obiter dictum. Ratio decidendi is a principle of law on which the court reaches its decision....   [tags: Papers]

Term Papers
473 words (1.4 pages)

Judicial Precedent Essay

- Judicial Precedent Where the facts of a case are similar to a one which has already been decided, the judge must follow that previous decision, especially if the decision was reached by a higher court in the hierarchy. This is the basis of judicial precedent and is called stare decisis-‘let the decision stand.’ After hearing a case, a judge presents his written judgement (case law) which sets out the facts of the case and legal principles used. The legal principles are set out in the ratio decendi-‘reasons for deciding.’ The ratio decendi also forms the basis of binding precedent....   [tags: Papers]

Free Essays
492 words (1.4 pages)

Essay on Judicial Precedent

- Judicial Precedent ESSAY: a) Explain and illustrate the operation of the doctrine of judicial precedent. b) How far is it true to say judges are bound by decisions in earlier cases. A) Judicial precedent is where the past decisions of the judges create law for future judges to follow. English precedent is based on the Latin, stare decisis, meaning stand by what has been said in the past. This allows the rules system to be consistent: like cases treated alike, and it is just, as people can decide on a course of conduct knowing what the legal consequences will be....   [tags: Papers]

Term Papers
780 words (2.2 pages)

Judicial Precedent Essay

- Judicial Precedent Setting a precedent is providing an example for others to follow. Legal precedent is however slightly more complicated. It is the term given to a previous decision, a particular stance or view, judge's Statement, or the effect of certain fact(s) present within a past case; which dictates or influences the adjudication or verdict of a later case. Or put simply 'a reason for deciding a particular issue as established by a judge in a previous case'. Judicial Precedent is separated into the three Latin named sectors which define a judgement:- Stare Decisis, (the literal interpretation 'let the decision stand')....   [tags: Papers]

Term Papers
1418 words (4.1 pages)

Essay on Judicial Precedent

- Judicial Precedent "Within the present system of precedent in the English legal system, judges have very little discretion in their decision making." Judges have always been relied upon to interpret and apply the law. Therefore, their decisions should be fair and consistent so as the individuals seeking legal remedies would have more faith in the judicial system of the state. AS the UK has not a very complete and/or codified constitution, this doctrine is very much relied on as contrasted with other countries which seemed to have provisions for virtually any kind of offence, like France or the US where judges had only to refer to legislation....   [tags: Papers]

Term Papers
1714 words (4.9 pages)

Essay on Judicial Precedent

- Judicial Precedent A) Explain what is meant by the doctrine of precedent. (11) B) What are the advantages and disadvantages of the doctrine of precedent. (14) A) The doctrine of judicial precedent is at the heart of the common law system of rights and duties. The courts are bound (within limits) by prior decisions of superior courts. One level includes stare decisis, this means to stand by what has been previously decided in a previous case and that this decision should be kept to and that you should in no way try to unsettle the established....   [tags: Papers]

Term Papers
1344 words (3.8 pages)

The Role of Ratio Decidendi in Judicial Precedent Essay

- The Role of Ratio Decidendi in Judicial Precedent Ratio decidendi plays a very important role in judicial precedent as it is the legal principle underlying the decision in a particular case. Therefore, it creates the precedent for future cases and is considered the most important part of a judge's speech. Judicial precedent, which is case law, has been and still is a major source of law in the English system. The decisions from previous cases create law for future judges to follow....   [tags: Free Essays]

Free Essays
397 words (1.1 pages)