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建立人际资源圈Judicial_Precedent
2013-11-13 来源: 类别: 更多范文
Judicial Precedent
What Is The Operation Of The Doctrine Of Judicial Precedent
Judicial precedent is where the past decisions of the judges create law for future judges to follow. English precedent is based on the Latin, stare decisis, meaning stand by what has been said in the past. This allows the rules system to be consistent: like cases treated alike, and it is just, as people can decide on a course of conduct knowing what the legal consequences will be. Judicial Precedent can only operate if the legal reasons for past decisions are known, therefore, at the end of the case there will be a judgement. This will contain the precise words of the judge and follow a Law Report, which consists of full accounts of cases that are considered important. It will give an account of the facts of the case and a summary of the decision. The principles of law that the judge used to make his decision are the important part of the judgement, and are known as ratio decidendi, or the reason for deciding. This is what creates a precedent for judges to follow in future cases. This is identified not by the judge that makes the decision, but
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