Judicial Precedent

What is judicial precedent? What atomic number 18 the of import principles that argon employ in judicial precedent? argon the different move structure being bounciness by the closing of opposites higher(prenominal) hails? To what extend vertebral column precedent ensures the beingness of both(prenominal) evidence and flexibility in frequent law? What be the other advantages and disadvantages that contri neverthelesse to the doctrine of rachis precedent? The doctrine of vertebral column precedent or stare decisis, refers to the fact that, the decision of a higher approach will be attach on a court deject than its hierachy. Judicial precedent footing be applied on disciplines and to be tempered similiarly when the certain facts of the cases are identical. There are two main principles that are involved in judicial precedent, there are rest decidendi and the obiter dictum. Ratio decidendi is a princi ple of law on which the court reaches its decision. The proportionality decidendi of a case may be heavy as the recital of the law applied in decision making the legal problem raised by the cover facts of the case. The ratio of a case is binding on trim back courts but may not be cited as ingratiatory dominance in later cases. The second principle is the obiter dictum.

It is a description made by the judge that is not an substantial start up of the ratio decidendi. It is most referred that something said by the way. Obiter dicta a statements do not form part of the binding pr ecedent, but they are persuasive authority a! nd can be taken into servant in later cases, if the later case consider it is seize to do so. Through judicial precedent, lower courts are bound by the decisions of higher courts, hence ground on the statement it is accurate to say that the doctrine of binding precedent does ensures both certainty and flexibility in the common law. It creates certainty in the sense where like cases are treated alike if the clobber facts are identical, and this will enable the...If you indigence to get a full essay, order it on our website: OrderCustomPaper.com

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