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Law Making - Judicial Precedent.
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| Submitted: Mon Sep 08 2003
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Module 1 - Law Making Judicial Precedent There are 2 sources of law: - 1. Common Law - Common assault and battery, Murder 2. Statute Law - An act of parliament OAPA 1861 s47, s20, s18 Theft act 1968 s9 (1) (a) Burglary, "A person is guilty of burglary is he enters any building or part of a building as a trespasser with the intention to commit GBH, Rape, Steal, or Criminal damage" Collins 1972 - Substantial and Effective Brown 1985 - Effective Ryan 1996 - Entry Compared with other legal systems the English legal system relies heavily on judicial precedent. A system of judicial precedent requires 2 basic things: - 1. A structure of hierarchy of the courts 2. A system of law reporting All courts have to follow decisions made in the HOL All courts except HOL have to follow decisions made in the COA. High court rules bind over lower courts These 3 courts (superior) make binding precedent. This stems from the 1870's. The...
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