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Describe how the system of the judicial precedent operates - Discuss the advantages and disadvantages of this system.
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| Submitted: Wed Sep 10 2003
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Describe how the system of the judicial precedent operates. Discuss the advantages and disadvantages of this system. Judge made law has been around for hundreds of years. It offers certainty, flexibility and precision, but case law is not always fair in each circumstance. It is based on three main Latin phrases; stare decisis, which means 'stand by the decision', obiter dicta, which means 'other things said' and ratio decidendi, which means 'the reason for deciding'. Judicial precedent comes from decisions made by judges which create laws for later judges to follow. Depending in which court a judge is operating in, they can be bound by that decision and must follow it, this is also known as case law. Precedent means once a decision has been made in one case on point of law, that decision must be kept in future cases. Although precedent has been around for hundreds of years it was...
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