Judicial Precedent Essays -- Law Legal

This essay leave alone examine the philosophical system of Judicial spring that helps variate the English Legal System. It will illustrate various views that have been raised(a) by Judges and relating cases to the use of Stare decisis when creating precedents. In addition it will discuss how the developments in the powers of the dallys now also allow them to depart from these precedents to an extent. The doctrine of Judicial precedent applies the principles of stare decisis which lets the decision stand. Whenever a impertinently problem arises in constabulary the final decision forms a ordinance to be followed in all similar cases, making the law to a greater extent predictable making it easier for people to live within the law.An original precedent is where a point of law is decided for the first time. This was illustrated in Donoghue v Stevenson where there was a decomposing snail in a bottle of ginger beer. The business firm of Lords set a precedent that manufacturers owe a business of care to customers in the law of negligence. A key factor of juridical precedents usually refers to decisions of a higher court being binding upon a lower court in the hierarchical structure of the courts. This is best illustrated in Donoghue v Stevenson . However, if the anterior decision was made by a court of equal or higher status to the court deciding the modernistic case, then the Judge should follow the rule of law set in the earlier case. These are known as Binding precedents. The courts access these previous judgements with and through the system of Law reporting. The system of precedents could not work without a precise and comprehensive compilation of the key decisions of superior courts readily procurable to all who need them. Authoritative reports compiled by legally qualified law reporters are formed prima... ... law to be developed without need for long litigation. Nonetheless, a change in law needs to be brought before the relevant court. This usually means litigants for the Court of Appeal or the House of Lords do not necessarily have the means to take their cases that far. In conclusion, the doctrine of judicial precedent has been accepted to form our legal system, through the use of binding precedents. It has helped the law maintain certainty yet through flexibility of the courts and exceptions to depart from precedents the law has continued to develop in a just manner.Works CitedPenny Darbyshire, Darvyshire on the English Legal System, ninth edition.Terence Ingman, The English Legal Process, Eleventh edition.Catherine Elliott Frances Quinn, English Legal System, Seventh edition.Gary slapper and Davis Kelly, The English Legal System, Tenth edition.