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A outline of the doctrine of judicial precedent as applies to courts in Jamaica?
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Why is the doctrine of precedence important?
The doctrine of precedent is important because that's where the courts use to govern current cases or to apply the laws if and when a precedent case applies to it.
Is Precedent the same as case law?
CASE LAW; Case law is the law based on decisions that have been made by judges in the past. case law can be subdivided into Common law and Equity.COMMON LAW; Common law is the body of legal rules common to the whole country.Common law is developed from local customs.Common law introduce the system of precedent.The only remedy is damages in common law.Common law is inflexible.EQUITY LAW; Equity is the term which applies to a specific set of legal principles which were developed by the court of Chancery to supplement the common law. It is based on fair dealing between the parties. It added to and improve on the common law by introducing the concept of fairness.Equity law is developed as a form of appeal to remedy.It is more flexible then common law.It introduce new remedies.PRECEDENT; A precedent is the previous court decision which other court is bound to follow by deciding a subsequent case in the same way.JUDICIAL PRECEDENT; Once a legal principle is decided by an appropriate court, it is called judicial precedent.DOCTRINE OF JUDICIAL PRECEDENT; The doctrine of judicial precedent mean that, a judge is bound to apply a decision from an earlier case, if there is no material difference between the cases and the previous case has created a judicial precedent.Judicial precedent is based on three elements.Reports: There must be reliable reports of earlier decisions.Rules: There must be rules for extracting a legal principle from a previous set of facts and applying it to current facts.Classification: Precedent must be classified into those that are binding and those that are not.
What branch of government settles disputes concerning the meaning and violation of laws?
The judicial branch applies and interprets the laws.
Which description applies to a landmark case?
In many countries a landmark case sets a legal precedent and is embodied into law
Which description applies to landmark case?
In many countries a landmark case sets a legal precedent and is embodied into law
Which system applies to those soldiers who are not amenable to correction by nonpunitive or non judicial methods of correction or discipline?
GOLOG IN Share Which system applies to those soldiers who are not amenable to correction by nonpunitive or non judicial methods of correction or discipline? In UNCATEGORIZED
Which system applies to those soldiers who are not amenable to correction by nonpunitive are non judicial methods of Correction or discipline?
GOLOG IN Share Which system applies to those soldiers who are not amenable to correction by nonpunitive or non judicial methods of correction or discipline? In UNCATEGORIZED
Explain how precedent is applied with reference to the court hierarchy?
Basically how precedents relate to the hierarchy of courts is that all the lower level courts within the judicial system applies the rule of law or precedent that was created at the court above them. For example, since the privy council is the highest level in the hierarchy of courts, in fact, the court of appeal, the supreme, resident magistrate and even petty sessions courts would apply the decisions made in similar cases.
What refers to when the supreme court interprets and applies the constitution as it stands written and as it was understood by its framers?
judicial restraint
Which branch of federal government applies and interprets laws?
The Judicial Branch. The Supreme Court of the United States has the final authority over the interpretation of federal law.
What are the primary duties of the Judicial Executive and Legislative branches?
To govern the US. The Legislative branch makes laws. The Executive branch administers the laws. The Judicial branch interprets and applies the laws.
What is a precedent in Australia law?
Basically a ruling or judgement on a matter that has been made by another court (and not overturned by a higher court). This means the law as it applies over time is not arbitrary but applies the same rulings in similar cases consistently.
