Judicial Precedent

If the facts of the judgment judgment are similar to the facts already decided, the judge must follow the previous judgment. Especially when the judgment is made by the upper court of the same rank. This is the basis of the precedent and it is called "decisive position of decision". After the trial of the case, the judge submitted a written judgment (case law) listing the facts of the case and the legal principles used. The legal principle is enumerated in proportion to "reason for decision". The descendant ratio also forms the basis of the precedent of the constraint.

Judicial precedents can be interpreted so that judges' past decisions are observed in future events that are similar in facts of case. Therefore, the legal definition of a judicial precedent can be expressed as a court ruling as a force to select a series of comparable facts, and can empower the legal principles launched in that ruling. This is a way that laws are formulated and revised by judge's decision because there are no concrete binding rules.

Judicial precedents (aka: laws developed by judicial precedents or judges) are based on case-based principles and are primarily related to jurisdiction under the UK's common law, but some of this concept is based on the civil law It is adopted by. A precedent is a cumulative legal principle resulting from decades of centuries of decision. Judges' decisions passed by important cases were recorded and became the root of important laws. If there is a specific legislative point as the situation changes, the judge will rely on his concept of right and wrong and decide the dispute from the first principle. An authoritative precedent decided to be a guide to incidents of similar nature after that. The British Legal Dictionary defines judicial precedents as court judgments or judgments as the authority to judge states with similar facts in the same way or with the same principles or similarities.

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 merely an abbreviation of the judged decision and other decisions - "Do not disturb the problem to be solved but adhere to the decision Follow. " Let's 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.