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Free Stare decisis Essays and Papers

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    History and Application of Common Law

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    according to [Marbury v. Madison, 1803] if “the court finds that the current dispute is fundamentally distinct from all previous cases, judges have the rights, authority and duty to make law by cr... ... middle of paper ... ...emieux/precedent-stare-decisis [4 DEC 2013] Chononu (2012) Explain Judicial Precedent and the types of Precedent [Online] Available: http://www.studymode.com/essays/Explain-Judicial-Precedent-And-The-Types-1225193.html [4 DEC 2013] Legislation vs Common Law [Online] Available:

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    Tutorial 1: Case Law and Precedent Question 1 (a) i. Ratio decidendi Ratio decidendi means ‘the reason for the decision’. It is the legal rule or principle of law which is established by the Court in deciding a case. Sometimes, it is also defined as material facts added together with the Court’s decision. Material facts are those facts that are legally relevant to the decision making of a case. If the facts are not there or differ, the Court might not make the same decision as before. ii. Obiter

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    Law Of Precedent

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    Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree, there are precedents for

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    Case Brief Case Study

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    In forming a case brief, a legal professional or law student must be able to identify the key areas or elements of a case. These are normal sections of a typical case in no particular order; although many cases will follow some semblance of a “typical” format and make finding these elements less difficult. Facts: In most cases, the facts are decided at the trial level courts which are the lowest level and most familiar courts people use verses the intermediate or appellate level or the high court’s

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    Judicial Precedent

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    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. This can benefit the system of common law because it supports the idea of fairness and it therefore provides certainty in the law and also consistency in the law. Another aspect of stare decisis that concerns the court hierarchy is that decisions

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    Judicial Precedent

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    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. The doctrine of Judicial Precedent operates based on the principle of Stare Decisis, inter alia, to stand by past decisions to establish certainty, fairness and consistency as well as predictability. The rationale of this doctrine was made by Parke J in the early case of Mirehouse v Rennell [1833], where Parke J had stated

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    Common Law in Australia

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    reports. This process still occurs today, but is now systemised and is controlled by Councils of Legal Education in each jurisdiction (Williams 1998). In the Australian legal system, a system of common law (case law), the doctrine of precedent is stare decisis (to go by what has been said), meaning that courts are strictly bound to follow past decisions of courts higher in the court hierarchy. Decisions from other hierarchies, for example, courts located in international jurisdictions, may be used as

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    of thumb’ judges follow in deciding their judgements. This involves taking into account long-standing precedents, which only matured from the nineteenth century. A fundamental element of common law systems is the application of the principle of stare decisis , which means ‘let the decision stand’. This in practice means that judges in lower courts are bound to decide cases using existing legal principles made by superior courts. Therefore, there is a hierarchical structure in the English courts. The

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    Is Judicial Precedent an efficient System of Lawmaking? Judicial precedent often referred to as case law, is one of the main sources of English law. Its roots go back to the early common laws of the country. It is based on the Latin maxim Stare decisis et non quieta morvere, which loosely translated means, stand by what has been decided and do not unsettle the established. In order for the judicial precedent system to work, an accurate detailed method of reporting cases is of great importance

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    of a similar case to find a solution to the case before them § The hierarchy of the courts is also important to know as the lower courts must follow the past decisions of the higher courts- also known as biding precedent. Stare decisis. § Jp is known as stare decisis where judges extend and modify existing rules. § This means `stand by what has been decided. § The system of JP allows for consistency and gives sufficient flexibility for law to develop. Ration Descidendi. § Judge

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