Judicial Precedents Essay Example | Topics and Well Written Essays - 1250 words

Judicial reasons - Essay ExampleHowever, this is non binding on cases of Federal Courts, or by Courts of other States or country.The principle of st ar decisis can be illogical into two parts. The first is the rule that a decision made by a higher tourist court is a binding actor, which a lower court cannot overrule. The second dictum is that a court should not interrupt its own precedents unless there is valid reason to do so. This needs to be motivated by principles from similar and lower courts.Under English legal system, judges are not justified to base their own decisions ab verboten the development, or interpretations of law. They may, or may not be held by a judgement made in a introductory case. Two facts are important in recollecting out whether a precedent is bindingOne of the main disadvantages of the use of precedents is that there is no mental use of goods and services on the part of judiciary and it may not do the best brand of justice that could be rendered in a specific case. When a jury takes a decision based on previous case ruling, it has not exercised its own discretionary and discriminative powers, and, in a way has just copied its predecessor by way of issue of legal judgment. Whether there are sufficient reasons to believe that both the cases are similar for a common ruling is another matter, to be tried by the Court of assembling or any other competent legal body. Precedent has a very important mathematical function in the common law. It ensures firmness, uniformity, logical sequence and expansion of the law. At the same time, it can be pie-eyed and complex - what is the law on a subject may be very difficult to find or to state as it is often spread across many cases with varying degrees of intricacies. The law is overly easier to find and state and is rationally prospective rather than based on the chance event of litigation, which may give rise to laws based on extreme or unusual situations, or erratically argued cases . Precedent is dependent upon written record of cases Precede means that the judges have to place before regard before granting verdict, the full accounts of the case history and other relating matters to the subject. Therefore, it could be argued that, in the absence of such matters and documents, the ball club of precedent may not be established. The second dictum is that a court should not upset its own precedents therefore, records are a sine quo non, which must be present to enforce legal pronouncements. essential documentary evidence may be needed before precedents could be established. Before the concept of precedent lays down previous similar decision, it