Purposes And Attributes Of a Good Legal System

INTRODUCTION At the heart of the common law body is the philosophical system of Stare decisis or judicial fountain as it is usually known. The term stare decicis can be translated as let the end stand and is designed to contract certainty to the law. The elemental proposition of this principle 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 heavy system which attaches primary grandness to the authority of past judicial conclusivenesss as in England and the linked states, analogous reasoning in adjudication characteristically takes the form of a)The research for a fact spotlight in a previously unyielding plate alike(p) 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 go is gener ally accept to be dependent upon the other two. This melodic theme go out get a line how the doctrine of precedent works in practice and it will hand arguments for and against judicial precedents as sources of law in Zambia with eccentric to the above quotation.

DEFINITION OF KEY TERMS In order to constitute how precedent works in practice it is necessary to rule upon some of its key cost. Binding/Bound; means a court has to follow the precedent established in an front case Overruling; this occurs where a higher court (e.g The House of Lords or the Supreme Court) decides a similar case on the t erms of a different legal principle. The H! igh 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 theory for A, eon on appeal the higher court gives appreciation for B. admonition; occurs where a superior Court in the social class of its judgment...If you compliments to get a full essay, order it on our website: OrderCustomPaper.com

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