Essays Tagged: "Precedent"

Classification of Law!

y be used for a certain case. Case laws are the basis of common law, meaning that they develop from precedent to precedent. Precedents are cases that serve as examples or models for future cases or ac ... dated, satisfactorily recorded and must be accessible to those needing them. There are two types of precedents, the doctrine of binding precedents and persuasive precedents. The doctrine of binding pr ...

(7 pages) 239 0 4.8 Feb/2003

Subjects: Law & Government Essays

How Judges Make Law (UK) .

rd Younge. His first book 'A Practical Treatise on the Office and Duties of Coroners with Forms and Precedents' was published in 1829, and ran to nine editions, and was in print for over 120 years. In ... ence of murder was created originally by judges around the 14th - 16th centuries. Judgements act as precedents. A precedent is something which binds future judges when dealing with the same situation. ...

(5 pages) 141 0 3.8 Aug/2003

Subjects: Law & Government Essays > Law

How Supreme Court Decisoins have affected American Society.

e desegregation of school throughout the nation. Previous to this decision, Plessy vs. Ferguson set precedent that institutions such as schools or public facilities could be segregated based on race. ...

(8 pages) 360 3 4.5 Sep/2003

Subjects: Law & Government Essays

Law essay on Lochner vs New York.

judge in order to make a precise ruling that applies to the case at hand.When the article talks of Precedents, it defines it as manipulation of the language of former decisions.

(3 pages) 94 0 2.2 Nov/2003

Subjects: Law & Government Essays

The English Legal System is based on the age-old system of precedent, which can be strict and inflexible.

066. Certain characteristics help to distinguish this law system from any other, such as the law of precedent. Throughout time, a specific court structure has matured and a form of hierarchy is held b ... tured and a form of hierarchy is held between the different courts. Through the doctrine of binding precedent, the decisions of the superior courts are binding on the courts, which are below it.In ord ...

(6 pages) 131 0 3.8 Dec/2003

Subjects: Law & Government Essays

Discuss with reference to the 'rules' and examples of the operation of precedent and statutory interpretation.

isions are straightforward and mechanistic in appearance, which as we shall see in the operation of precedent and of statutory interpretation, could not be further from the truth.The obvious starting ... g point for this piece of writing is to state that the rules governing statutory interpretation and precedent 'should' be foolproof. After all, anything contrary to this would call into question Parli ...

(8 pages) 131 0 1.0 Jan/2004

Subjects: Law & Government Essays > Law

If judges interpret the law, does that mean they are law makers?

useless and fully undermine the regulatory purpose of the Act.This is reinforced by the doctrine of precedent, for which the English legal system is so famous for. Cantliff was fully consistent with c ... tent with case law lending a high status for personal property. One might attempt to defend a rigid precedent doctrine on the grounds of consistency and respect for rights, i.e. property rights. Parli ...

(8 pages) 150 0 3.4 Jan/2004

Subjects: Law & Government Essays > Law

Precedent: This essay looks at all the aspects of precedent with cases to back up the essay.

Judicial Precedent by Anthony HarteJudicial precedent often referred to as case law, is one of the main sourc ... 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. Aft ... s is called the ratio decidendi and means reason for deciding this is the part that creates binding precedent. The rest of the speech is called the obiter dicta, which means other things said. Althoug ...

(9 pages) 185 0 3.6 Jan/2004

Subjects: Law & Government Essays > Law

Ch 14 Review Q's answered

stem*Innocent until proven guilty*Judges- made law ,subjectively*New law based on prevailing custom*Precedent -Stare Decisis- the court make decision and the judge decision is precedentCase Law- judge ...

(6 pages) 68 0 5.0 Mar/2004

Subjects: Social Science Essays > Political Science

An Overview of Our Legal System

ase law. Inherent in the common law was the principle of stare decisis. Stare decisis requires that precedent set in one case be followed in all cases having similar circumstances, thus assuring consi ...

(1 pages) 121 0 3.3 Sep/2004

Subjects: Law & Government Essays


n?A. Stare decisis is a Latin phrase meaning "to stand on decided cases"; in other words, is a case precedent or statute, that may be binding or nonbinding, and will influence the outcome of future si ...

(5 pages) 179 0 4.0 Oct/2004

Subjects: Law & Government Essays > Law > Issues

Common Law Civil Law

e for evolving cultural changes) ishighly centralized in its administration because of the weight ofprecedent. On the other hand, the civil-law which is centralized inits source leaves from for a grea ... ng situations.The Other distinction between the common law and civil lawsystems is that the role of precedent has tended to become lesssignificant. Common law courts have developed skills indistinguis ...

(3 pages) 143 0 1.7 May/2006

Subjects: Law & Government Essays

The Functions and Role of Law in Business

duct or procedure established by custom, agreement, or authority". Law is comprised of statutes and precedents, leading to rules that tell how to act in business and society. Law continues to grow and ...

(3 pages) 247 0 3.7 Feb/2007

Subjects: Businesss Research Papers

Judge-made law in HK

What is Judge-made law/ case law?•Case law= cases, precedents, cases passed in Hong Kong before & cases passed in England Privy Council before July ... in force in Hong Kong, that is, the common law… shall be maintained.** Case Law/ Doctrine of precedent is an integral part of the common law system.•Precedents in England and other common ... •Precedents in England and other common law jurisdictions, though non-binding and with English precedents in particular, have significant persuasive effects on Hong Kong courts (BL art. 84)Do jud ...

(7 pages) 41 0 5.0 Oct/2008

Subjects: Law & Government Essays > Law

Business Law

well as international law.Table of contentsAbstract iTable of contents iiIntroduction 1Doctrine of Precedent 1The Concept of Incorporation 2Bill of Exchange 3Property Ownership 4Romalpa Clauses 4The ... ility to take make the right decisions without violating rules framed by the government.Doctrine of Precedent Fundamental to the common law system is the doctrine of precedent, which at its simplest f ...

(14 pages) 43 0 0.0 Oct/2010

Subjects: Law & Government Essays > Law

Utility of the Jamaican Court Structure

f jurisprudence has been adopted from English Common Law which is based on the doctrine of judicial precedent, the principle of which the lower courts must follow the decisions of the higher courts, r ... ily reliant on prior judicial pronouncements. Within the Common Law system, courts are bound to the precedents, where the issues and facts are essentially the same.As previously mentioned, Common Law ...

(3 pages) 2 0 0.0 Oct/2014

Subjects: Law & Government Essays > Government