Sunday, December 22, 2019

Essay on Judicial Precedent - 5387 Words

SR1IN0201 FOREWORD ....................................................................................................................... 1 GENERAL PAPER (MAURITIUS) ...................................................................................... 2 GCE Advanced Subsidiary Level .................................................................................................................. 2 Paper 8009/01 Paper 1 ................................................................................................................................. 2 Paper 8009/02 Paper 2 ................................................................................................................................. 7 This booklet contains†¦show more content†¦Once more it appeared that candidates saw a word, environment, and sought to bombard Examiners with everything related to that topic. Exemplification is always needed to support argument or opinion and generally it was offered. One question, though, that seemed to produce almost none was Question 14, where Shakespeare was the only named example across the range of the arts. Lengthy answers did show the need to edit, with particular reference to concluding paragraphs. These should not be mere repetition of entire sentences but a summary of points made to demonstrate a balanced assessment, or the main thrust of opinion expressed and supported. Some essays contained long lists of questions. The single question can be an effective means of gaining attention, but if the technique is over employed, the reader becomes suspicious that the candidate does not know his/her own position on the issue. It has the effect of blurring analysis and indicates padding. Anecdotal responses were fewer this year overall, except in Question 11. Finally, the need for balance, which is present in most of the questions set for this Paper, remains the key area to need attention. It is not sufficient to present two opposing ideas and leave them to stand on their own. Each needs to be evaluated and a decision taken by the candidate as to which has the greater efficacy. This is the mark of a successful and mature response to the challenge within the Paper.Show MoreRelatedEssay on Judicial Precedent2156 Words   |  9 PagesThis essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent. The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘WheneverRead More Judicial Precedent Essay1336 Words   |  6 Pages Judicial Precedent A) Explain what is meant by the doctrine of precedent. (11) B) What are the advantages and disadvantages of the doctrine of precedent? (14) A) The doctrine of judicial precedent is at the heart of the common law system of rights and duties. The courts are bound (within limits) by prior decisions of superior courts. One level includes stare decisis, this means to stand by what has been previously decided in a previous case and that this decisionRead MoreA Judicial Precedent Essay487 Words   |  2 PagesA Judicial Precedent The doctrine of binding precedent or stare decisis, refers to the fact that, the decision of a higher court will be binding on a court lower than its hierachy. Judicial precedent can be applied on cases and to be treated similiarly when the material facts of the cases are identical. There are two main principles that are involved in judicial precedent, there are ratio decidendi and the obiter dictum. Ratio decidendi is a principle of lawRead MoreEssay on Judicial Precedent1419 Words   |  6 PagesJudicial Precedent Setting a precedent is providing an example for others to follow. Legal precedent is however slightly more complicated. It is the term given to a previous decision, a particular stance or view, judges Statement, or the effect of certain fact(s) present within a past case; which dictates or influences the adjudication or verdict of a later case. Or put simply a reason for deciding a particular issue as established by a judge in a previous case. Read MoreJudicial Precedent in the English Legal System Essay3886 Words   |  16 PagesThe doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of caseRead MoreEssay on Detailed Revision Notes on British Judicial Precedent694 Words   |  3 PagesJudicial Precedent. Introduction. #167; Judicial precedent means the use of decisions made by judges in the past as a source of law, where a similar case arises the past decision is used as a guideline. #167; It is also known as case law. #167; It is a major source of law both today and historically. #167; If law on a particular source of law is not found in legislation - law will be found through common law reasoning. #167; That is to say that if no Act of parliament or DlRead MoreJudicial Precedent And The Decision Of Case Law1530 Words   |  7 Pagescollection of written decisions, which is covered and used in precedent for legal cases. Also, case was noted legal reason and argument . Law of case described in judicial precedent. Judicial precedent is source of law, which is based on the latin maxis. The latin maxim is â€Å"stare decisis et non quieta movere†, it means that stand by what has been decided and do not unsettle the established . Furthermore, in this essay will analyse the Judicial precedent and it has two meaning. First is process of judges whoRead MoreThe Doctrine Of Judicial Law990 Words   |  4 Pagesdoctrine of judicial precedent affects judicial law making, one must first contemplate what the doctrine of judicial precedent is. The doctrine is a rule that all lower courts are to be bound by the decision or ratio decidendi of the higher courts. As a result of this, ca ses that are alike are decided in a similar way . However, it is not this simple, as it will be seen throughout this essay that wider circumstances are involved that affect the judicial law making process. Judicial law making (otherwiseRead MoreThe Doctrine Of Binding Precedent1317 Words   |  6 PagesThe doctrine of binding precedent is the structure of reason and decision making. In this essay I will be evaluating and analysing the pros and the cons of the judicial precedent. The advantages include predictability, flexibility, practicability, fairness, and precision. The disadvantages are mainly, rigidity, long waiting time, unsure ratio decided, complexity and the slow growth of the law. While the judicial precedent may seem to have many loopholes, without the system, the society will be inRead MoreHistory and Application of Common Law1441 Words   |  6 Pages1a) Common Law, also widely known as Case Law, derived from the old English common law, is largely based on precedents , where judicial decisions were already previously made in similar cases where it is used as reference bases or sources of law. Also, common law is not codified, which generally means there is no comprehensive compilation of legal rules and not written in statues [The common law and civil law traditions, 2010:1]. It is during the Middle Ages, after the Norman Conquest in 1066, where

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