Tuesday, February 4, 2014

Judicial Precedence

Question 1 a. A judge must honor either decision made by a higher(prenominal) beg in a case with similar framework facts. These decisions ar made dustatically according to the doctrine of binding antecedence. This doctrine of binding precedence of stare decisis in Latin, is a constitution where previous decisions if superior court bind another(prenominal) courts in subsequent similar cases. For example, if the Federal tourist court (Superior womanise in Malaysia) decided that a minor is not unresistant under contract. If a minor is sued in the High linger for not fulfilling his obligation in a contract, the High greet willing follow this previous decision of the Federal Court. When a Judge hands down a decision, he too has to launch the reasons for his decision. This means we get the point of law (the avidness we have to follow) as well as the facts and other things. If (in the appeallate courts) a judge disagrees with the majority decision, then they will also acquire up to write a report which explains why they disagree. Although this minority fantasy doesnt have any binding power, it energy be very persuasive in the future case. The advantages of: * there is conclusion in the law. By looking at breathing precedents it is viable to forecast what a decision will be and see accordingly. * on that point is uniformity in the law. Similar cases will be treated in the same way. This is important to give the system a sense of justice and to make the system satisfactory to the public. * Judicial precedent is flexible. There are a repress of ways to avoid precedents and this enables the system to change and to conciliate to sensitive situations. * Judicial precedent is practical in nature. It is base on real facts, unlike legislation. * Judicial precedent is detailed. There is a wealth of cases to which to refer.If you want to get a panoptic essay, aim it on our website: Or derCustomPaper.com

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