Judicial Precedents Essay Example | Topics and Well Written Essays - 1250 words

Judicial Precedents - Essay ExampleHowever, this is non binding on cases of Federal Courts, or by Courts of other States or country.The principle of st be decisis can be split into two parts. The first is the rule that a finale made by a higher court is a binding common law, which a lower court cannot overrule. The second dictum is that a court should not upset its own precedents unless there is valid reason to do so. This needs to be motivated by principles from similar and lower courts.Under English wakeless system, judges are not justified to make their own decisions about the development, or interpretations of law. They whitethorn, or may not be held by a feeling made in a previous case. Two facts are important in finding out whether a precedent is bindingOne of the chief(prenominal) disadvantages of the use of precedents is that there is no mental exercise on the part of judiciary and it may not do the best brand of justice that could be rendered in a specific case. When a jury takes a decision based on previous case ruling, it has not exercised its own discretionary and invidious powers, and, in a way has just copied its predecessor by way of issue of well-grounded judgment. Whether there are sufficient reasons to believe that both the cases are similar for a common ruling is another matter, to be tried by the Court of Appeal or any other competent legal body. Precedent has a very important role in the common law. It ensures firmness, uniformity, logical sequence and expansion of the law. At the same time, it can be determined and complex - what is the law on a subject may be very difficult to find or to state as it is often rotate across many cases with varying degrees of intricacies. The law is also easier to find and state and is rationally prospective rather than based on the chance event of litigation, which may give rise to laws based on extreme or unusual situations, or erratically argued cases. Precedent is dependent upon written record of cases Precede performer that the judges have to place before consideration before granting verdict, the full accounts of the case history and other relating matters to the subject. Therefore, it could be argued that, in the absence of such matters and documents, the assign of precedent may not be established. The second dictum is that a court should not upset its own precedents therefore, records are a sine quo non, which moldiness be present to enforce legal pronouncements. Necessary documentary evidence may be needed before precedents could be established. Before the concept of precedent lays down previous similar decision, it