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Precedent refers to the use of previous court decisions in resolving current judicial questions. Precedent is thus, in some ways, a historical recollection of the development of legal matters or conflicts. Under the common-law concept of p...
theory and conflict theory. The basic purpose of our legal system is to ensure fairness in balancing individual and social rights and needs, while preventing excessive government power. This balance between individual and social rights and ...
law was initially developed in England. The notion of common law originated in the 11th and 12th centuries with the kings of England granting the authority to settle disputes. Gradually, the concept of legal precedent took hold in English t...
doctrine of stare decisis, i.e., that the previous decisions of the uppermost court in the jurisdiction are binding on all other courts in the jurisdiction. Varying conditions, however, soon make the majority decisions inappropriate except ...
and decision-making formed by case law. If a higher court has made a significant legal point in one case, it would be considered as binding in later courts. In order to understand this doctrine more clearly, it would be necessary to examin...
is a judge decision based process. The role of common law and case precedents play the main role in a decision. The guiding principles and the deductions taken by all regulations and is commonly known as the judge made law. Which are known...
Binding Precedent Operates in the English Courts English law is essentially a judicial law where the judge is not considered to interpret the law, but who says custom. The English common law based on uniform and colleges which generates a c...