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The Doctrine Of Judicial Precedent Is Described As The "Backbone" Of The Common Law System.

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Issue:

Business

 

Written by:

Rachele M

 

Date added:

November 13, 2012

 

Level:

University

 

Grade:

A

 

No of pages / words:

2 / 557

 

Was viewed:

9631 times

 

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Essay content:

Judicial precedent can applied on cases and to be treated similar when the material facts of the cases are identical. There are two principles that are involved in judicial precedent. There are ratio decidendi and the obiter dictum. The binding part of a previous decision is the ration decidendi (reason for the decision) and it must be followed by judges in later cases...
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There are ratio decidendi and the obiter dictum. The binding part of a previous decision is the ration decidendi (reason for the decision) and it must be followed by judges in later cases. Anything said an obiter dictum (by the way) in the original case is merely persuasive because it was not strictly relevant to the matter in issue and does not have to be followed...
displayed 300 characters

General issues of this essay:
Explain the historical development of common law. In particular explain the evolution and operation of the doctrine of precedent. The Doctrine Of Judicial Precedent Is Described As The "Backbone" Of The Common Law System. US Courts of Appeals Small Claims Courts Stare Decisis stare decisis Courts juvenile vs adult courts Outline and describe the structure and jurisdiction of the Scottish criminal and civil courts. Give examples of the types of cases these courts will hear and indicate which Scottish legal personnel you would expect to find there. Real Courts VS Fictional Courts US Courts Assault on the Courts Courts and Administration Federal Courts Juvenile Courts
 

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