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The Doctrine of Judicial Precedent.  

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The Doctrine of Judicial Precedent 1. (a) With case examples, explain how the doctrine of precedent operates within the English Legal System (15 Marks). Judicial precedent is the following of legal principles laid down by the House of Lords and the Court of Appeal in previously decided cases. When the House of Lords or the Court of Appeal produces a decision this becomes binding precedent which all later and lower courts must follow in cases of similar facts. It works on the basis on stare decisis meaning that judges must stand by original decisions made by the House of Lords or Court of Appeal. At the end of an appeal the 5-7 judges in court reach a majority verdict and this is announced by one of the judges with reasons for their decision. This is the ratio decidendi which provides reasons for the decision reached. The ratio...

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