Precedent

 Precedent 

Precedent are cases decision that are either declarative or original 

Declarative 

 Authoritative  - decision of the superior courts 

  Absolute 

    House of Lords decision is final 

    The courts of appeal has no authority to question House of            Lords 

   The court of first instance is bound to the court of appeals.

   Conditional 

     The decision of the court of appeal is binding on the court of first instance but conditional to the court of lords

 Persuasive 

   These are decisions taken using historical facts

   The decisions of the foreign courts , the judgment of Irish      courts and international courts 


Original 

 When there is no other precedent the judges may create a new one to fill the void.

Stare decisis

 Orbiter dictum 

Judges may say certain things and principles on the go not binding to the courts.

 Ratio decidendi 

   When there is no authoritative precedent the judges may use principles of justice and facts to Create a new one.

Res judicata 

The decision of the superior courts is final the same matter may not be tried or opened again.

Judge and jury

The judge decides the cases on the basis of law

Jury decides on then basis of facts

The judges may sometime decide principles for the cases without the consent of the jury.


Comments

Post a Comment

Popular posts from this blog

Administration of justice

Administration of justice Types of punishment  Deterrent   This is more of a punishment to create fear among the wrong doers. Preventive Death sentence may put the criminals see that hanging is cruel so that the same offence is not committed  Reformative The prison is more of a reformative one includes  Capital punishment  Solitary confinement  Imprisonment  Fine  Retributive   This is more of a revenge eye for and eye , tooth for a tooth, Or a limb for the person who suffered 
Read more

Indian Christian succession

 The Indian succession act covers the intestate  of Indians and non Indian Christians Male intestate  1. If there are lineal descendants the widow takes 1/3  2. If there are ascendants the widows takes 1/2 3 lineal descendants- takes 2/3 if there s widow  4 mother - 1/2 if there is widow  5father - 1/2 if ther is a widow  6 brother sister and their children   7. Distant kindred  Female intestate the same as male If she s a non Indian Christian then  5000+ usual calculations 
Read more

Procedural law and substantive law

Substantive law Deals with rights and the punishments  Procedural law the law that deals with duties and procedures to be used by the courts for the administration of justice When there is a infringement of rights courts need to provide remedy. Procedural law are  summons,pleading,proof,judgement and excecution Summons- informs the concerned persons about the case Pleading - trial in the courts based of facts and evidence Judgement - judges decide the case based on the evidence and circumstances of the facts and argument Excecution - the judgment of enforced when not properly obeyed . Evidence- Judicial - The evidence which the court accepts as proof like the document of sale . and extrajudicial- Testimony of a person which could be done by taking a oath in the court outside the court. Which could be false or real evidence Most cases testimonial evidenced are not considered to be actual evidences ,because the rich may win the case based on false evidences. Direct and circumsta...
Read more