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Detailed Revision Notes on British Judicial Precedent

2024-02-18 20:33:42

Judicial precedents Introduction § The judicial precedent is based on the legal grounds that decisions made by judges in the past, but in the same case past decisions are the guiding principles. § It is also known as case law. § In today's history and history, this is the root of the main law. § If there are no laws in the law on specific legal sources - the law is found by common law inference. In other words, if there is no parliamentary law or judgment law, judges can consider past decisions of similar incidents and find solutions to the case before that.

A judicial precedent shall have a specific legal influence on detailed facts of a judgment or a judicial decision, then decide on subsequent matters including the same or similar important facts, determine whether a rule created in the same court or a judicial hierarchy It is considered to provide a subordinate court of. . Compliance with the case is the court's policy of observing the case, this term is simply an abbreviation of the judged decision and other decisions - consider the word "decision". Literally and legitimately word means decision. In following the precedent principle, the case is important only for what it decides - not "why" but "why" but "what". As far as precedents are concerned, gaze decisions are important only after the decision due to detailed legal influence behind detailed facts.

The judicial precedent sets out the certainty of the law in detail. It can help predict decisions only by looking at existing precedents. Unification of the law allows similar cases to be treated in the same way, which in turn gives the system a sense of justice and helps the public accept the system. It is not so flexible if law is a binding rule like law. Therefore, from the above discussion it can be concluded that it is clear that judicial decisions are based on actual facts and circumstances, not legislation and statutory law. Cases are practically practical, so they are more flexible. There are, therefore, many ways to avoid precedents that allow the system to adapt to new situations that change and are referenced through numerous cases.