Doctrine of Judicial PrecedentStudent s NameInstructorSubjectDateDoctrine of Judicial PrecedentThe ism of judicial gist in point is correlated to oddball fair play and it is likewise referred to as principle of `st are decisis . It is a source of law by itself and it was demonstrable by ancient English uprightness Courts . The doctrine stipulates a effective requirement for a foretell to refer to preferably cases decided by his /her predecessors in modulate to find place if the existent facts of any of those cases are comparable to the material facts of a case before him /her . In situations where the material facts of the earlier case are substantially similar to the hotshot before him /her , the judge is bound by that earlier finding and determines the current case similarly . Therefore , it is said that stoppin g point stays or stare decisis (Cross , 1991Subsequently , the principle of `ratio decidendi is employ to explain judicial actor and encompasses material facts of a antecedent case meaning reasons for decision .
It thus stands as an freelance legal ascertain applicable to similar cases in future day . Judicial precedents are classified in various ship canal : binding precedents -decisions make by higher courts , persuasive precedent -decisions made by lower courts , original precedent -creates cutting legal expression , and declaratory precedent -applies existing legal principle (Cross , 1991The doctrine of judicial precedence is important in that it ! acts as a mechanism for administering justice and enable judge makes decisions in a standard manner or objectively rather than organism personal or subjective...If you want to work over a ample essay, order it on our website: BestEssayCheap.com
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