Judicial Precedent Case Study

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Judicial precedent is a legal system which courts make decision by following earlier cases with the similar facts. In Latin doctrine of judicial precedent is ‘stare decisis et non quieta movere’ and are translated into ‘stand by what it has been decided and do not unsettle the established ‘. There are two types of judgment ratio decidendi and obiter dicta. Ratio decidendi is the legal reasoning whereby how the judges had come into a particular decision in a case. This judgment forms a binding precedent for future cases. By general rule of doctrine of precedent, all courts are bound to follow the decision made by the courts higher than them in the court hierarchy or the courts itself bound by its own previous decision. The court that follows…show more content…
As in the judgement of London Tramways Co Ltd v London City Council [1898] EARL OF HALSBURY L.C. said that certainty in law was more important than the possibility of individual hardship being caused through having to follow a past decision precedent , (omit) in London Tramways Co Ltd v London City Council [1898] AC 375 the House of Lords felt that there was a need to end the process of legal action by bind to the previous decision. However, binding blindly to the precedent due to the doctrine had arisen some consequences for example it was excessively confining to precedent, productively restrain the improvement of law ,the present circumstances is not common any more as in existence of conditions is no longer prevail and in modern condition the law ought to be…show more content…
The first case that uses Practice Statement was Conway v Rimmer (1968) this case overruled the Duncan v Cammell Laird & Co (1942) . However the major use was Although the Practice Statement allow judges in House of Lords to deviate from their past decision but they judges rarely used it. As the term in Practice Statement “right to do so” was very vague and judges do not know that when the rights they could do so were. Besides that, the statement gives judges authority that they could amend the law easily if they want to so this may lead to

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