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The Doctrine of Judicial Precedent (Case Law).
- Words:
- 1210
- Submitted:
- Fri Jan 30 2004
Have a little read: ... The Doctrine of Judicial Precedent (Case Law) P.21-39 J.Martin In what part of the syllabus does this topic fit? Judge made law via the cases upon which they decide is one of the oldest sources of law. There are now at least 400,000 reported cases and some areas of law, such as the law of torts, are found mainly in cases. Describe The role of a judge: Definition of the doctrine of judicial precedent: What is a precedent? At the end of a case the judge makes a judgement, which is made up of two things: 1. Ratio decided: 2. Obiter dicta: Another phrase for the doctrine is stare decisis, which is Latin for "let the decision stand". The doctrine is quite rigidly applied by judges and is dependent upon a strict hierarchy of courts. Annotate the triangle to represent the way in which the hierarchy of the courts works:
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