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Sources of English law.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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Sources of English Law Principal sources: * Satute law. Rules governing the interpretation of statute law: The literal rule: when words are clear and unambiguous The golden rule: to ascertain the intention of the parliament The mischief rule: to ascertain the intention of the parliament * Case law: Doctrine of precedent. 'judge made'. Judges apply the existing principles of law: to follow the examples of earlier decisions. The law applies by analogy. Declaratory precedent: when judge applies an existing rule of law Original precedents: when the judge lays down an original precedent that judges will follow in future. Stare decisis: that the decision mad by a higher court must be followed by a lower court. Hierarchy: House of Lords. The court of Appeal. Divisional courts of the High court The high Court Crown court, County courts, magistrates courts. Ratio decidendi: When a judge gives a resume of the facts of the case and then gives his decision and...
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