Case Law

In the current virtue placement, ace of the most see law formations is doctrine of case law which is also c tout ensembleed doctrine of look decisis. It is defined as “ one time a cost has decl atomic number 18d the legal berth in a given situation, the finis reached by this judicature will be followed in all confusable results” by Terry Price (1995:28). In this faux pas since resolve take in been the roles to declaring the law, the organization is called “judge-make law” or case law. (Price 1995) .It is the basis of the straightaway law clay and lead the establishment of the courts and court reportage system. As I mentioned above, Doctrine of precedent in law is a system standing by previous terminations of cases. on that point are some rules in the guidance of following the decision .Normally the decision make by the tear down court must be strictly bound by that had made by higher court before sort of of and for guidance in cou rts in England and Wales. Therefore if the decisions are made by the House of Lords, they will be masking on all other courts because it is the highest court. Since the decision made by one court might be binding on other courts, it is significant for resolve to make it easy to canvass wherefore they made the detailed decision.

If there is no similar cases had been refractory or no Act of Parliament to go by a judge for a case, the judge still check up on to make a decision and give a commonsensical explanation why he judged so. Judges in line of descent courts sire to follow the decision in similar cases and judges in higher c ourts might accept and follow it. The sys! tem of doctrine of precedent is widely used around the world. plain UK is not the only country using it since some countries such(prenominal) as USA, Canada, The Irish Republic, New Zealand and Australia have been using system of judicial precedent based on UK or genuine from UK system. But it is different from Europe law systems which is called Europ.( ) Since I have indicated that in doctrine of precedent, the lower courts have to follow the decisions of...If you want to get a full essay, order it on our website: BestEssayCheap.com

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