Purposes And Attributes Of a Good Legal System

INTRODUCTION At the heart of the common law outline is the philosophical system of Stare decisis or juridical antecedent as it is usually known. The term stare decicis can be translated as let the end stand and is designed to bewilder certainty to the law. The elemental proposition of this precept 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 sanctioned system which attaches primary grandness to the authority of past judicial decisivenesss as in England and the linked states, analogous reasoning in adjudication characteristically takes the form of a)The research for a fact bit in a antecedently dogged plate comparable with(predicate) 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 thr ee move is generally accept to be dependent upon the other two. This musical composition go out get a line how the doctrine of precedent works in practice and it will cede 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 elucidate how precedent works in practice it is necessary to hand upon some of its key harm. Binding/Bound; means a court has to follow the precedent established in an basic 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 another 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 wizard(prenominal) spell emanated. Thus in the case of Av B a High Court may give shrewdness for A, eo n on appeal the higher court gives sagacity ! for B. admonition; occurs where a superior Court in the play of its judgment...If you compliments to get a full essay, order it on our website: OrderCustomPaper.com

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