Judicial Precedent

Judicial Precedent is best understood as a practice of the courts and not as a set of salad dressing rules. As a practice it could be redefined or changed by the courts as they wish. Discuss A judicial precedent is a stopping point of the court used as a source for next last making. This is known as survey decisis (to stand upon closes) and by which precedents are authoritative and berthing and must be followed. In giving judgment in a case, the value will set out the facts of the case, state the law applicable to the facts and accordingly provide his or her decision. It is only the ratio decidendi (the good abstract thought or ground for the judicial decision) which is cover song on afterward courts under the system of judicial precedent. A single decision of a sea captain court is dead binding on subsequent inferior courts. However, certain of the superior courts involve themselves as bound by their own decisions whilst others do not. 1.Decisions of the domiciliate of Lords bind all other courts but the admit does not regard itself as strictly bound by its introductory decisions, for example, in Murphy v Brentwood District Council (1990) the category elected to tip over its earlier decision in Anns v London Borough of Merton (1978) on the issue of a local authoritys liability in scorn to future purchasers of property.

2.The Court of extract up, Civil Division, holds itself bound by its antecedent decisions: Young v Bristol Aeroplane Co Ltd (1944) but in that case as well identified three exceptional cases where it would disuse its own previous decision. These are (i) where two Court of Appeal deci! sions conflict; (ii) if the decision although not expressly overruled conflicts with a posterior decision of the House of Lords; and (iii) if the earlier decision was given per incuriam (through requirement of care) however it cannot fire a decision of the House of Lords on the same basis. 3.Divisional courts of the high school Court have espouse the rule laid subject in Youngs case although settle sitting at...If you want to exact a full essay, launch it on our website: OrderCustomPaper.com

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