Judicial precedent refers to the situation where decisions of former wooings are followed in similar circumstances. When hearing a case ,judges apply existing law where it is available all the same judges sometimes need to make new precedents. Stare decisis, sum stand by the decided means the precedent essential be followed, have respect for the precedent. The ratio decidendi ,reason for decision must(prenominal) be taken into account for a precedent to be binding. Persuasive precedents come from obiter dicta, things said by the way, these not infallible be followed however are persuasive.
The hierarchy of the chat ups is important as only certain courts can bring about precedants, the hierarchy is shown at a lower place;
House of lords
Court of appeal
Crown court high court
Magistrates court county court
The house of lords and court of appeal can create binding precedents which must be followed by all the courts below, however the house of lords does not need to follow the decisions of the court of appeal.
It is crucial to the doctrine of judicial precedent for law reports to be make in order to store accurate records of decisions made by the courts.
Judges are able to display some creativity in the operation of the system of judicial precedent and statutory interpretation due to several methods such as creating the law, and likewise avoiding precedents when necessary. There are several ways to avoid a precedent such as...If you want to get a integral essay, order it on our website: Orderessay
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