Purposes And Attributes Of a Good Legal System

INTRODUCTION At the heart of the common law trunk is the philosophical system of Stare decisis or discriminative case in point as it is usually known. The term stare decicis can be translated as let the end stand and is designed to introduce 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 good system which attaches primary grandness to the authority of past judicial finales as in England and the linked states, analogous reasoning in adjudication characteristically takes the form of a)The research for a fact maculation in a antecedently intractable 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 locomote is generally accept to be dependent upon the other two. This make-up go out get a line how the doctrine of precedent works in practice and it will face up arguments for and against judicial precedents as sources of law in Zambia with eccentric to the in a higher place quotation.

DEFINITION OF KEY TERMS In order to sort out how precedent works in practice it is necessary to clear upon some of its key hurt. Binding/Bound; means a court has to follow the precedent established in an antecedent case Overruling; this occurs where a higher court (e.g The House of Lords or the Supreme Court) decides a sim ilar 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 conjuring spell emanated. Thus in the case of Av B a High Court may give vox populi for A, eon on appeal the higher court gives understanding for B. admonition; occurs where a superior Court in the cable of its judgment...If you compliments to get a full essay, order it on our website: OrderCustomPaper.com

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