Purposes And Attributes Of a Good Legal System

INTRODUCTION At the heart of the common law scheme is the philosophical system of Stare decisis or judicial agent as it is usually known. The term stare decicis can be translated as let the end stand and is designed to convey certainty to the law. The elemental proposition of this teaching is that like incidents should be treated identical and that the law can only be changed according to the power structure of the courts. In a legal system which attaches primary grandness to the authority of past judicial findings as in England and the linked states, analogous reasoning in adjudication characteristically takes the form of a)The research for a fact feature in a antecedently trenchant plate same to the fact situation of the shift before the court b)Extraction from the previously decided comparable case of the principle upon which that case was decided and c)Application of that principle to the case at hand. Each of these three step is generally accept to be dependent upon the other two. This root word go out get a line how the doctrine of precedent works in practice and it will bear arguments for and against judicial precedents as sources of law in Zambia with eccentric to the to a higher place quotation.

DEFINITION OF KEY TERMS In order to discover how precedent works in practice it is necessary to feel upon some of its key cost. Binding/Bound; means a court has to follow the precedent established in an former case Overruling; this occurs where a higher court (e.g The House of Lords or the Supreme Court) decides a similar case on the terms of a different legal principle. The High Court and so disapproves a nonher high Court decision but does not overrule it! . Reversal; this occurs where an Appeal Court reverses a decision given in a lower court from which the john spell emanated. Thus in the case of Av B a High Court may give ruling for A, eon on appeal the higher court gives notion for B. admonition; occurs where a superior Court in the tend of its judgment...If you compliments to get a full essay, order it on our website: OrderEssay.net

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