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How does the doctrine of judicial precedent operate within the English legal system as the means by which a judge may restrict the doctrine's operation?
Wiki User
∙ 11y ago
If a judge has ruled on the same or similar issue in the past, the current and future judges are supposed to abide by that decision unless there is an extreme or compelling reason not to follow the precedent.
Wiki User
∙ 16y ago
Wiki User
∙ 11y agoWhen a ruling is made by a judge in a case, it sets a precedent for the same and similar types of cases in the future. Judges in future cases are expected to go by that precedent unless there is extreme or compelling reason not to. Thus, the operation of judicial precedent can be restricted by a judge who feels there is reason the precedent does not pertain to a specific case.
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According to the doctrine of judicial restraint the judiciary should?
the doctrine of judicial restrain holds that judges should generally defer to precedent and to decisions made by legislature
A outline of the doctrine of judicial precedent as applies to courts in Jamaica?
Sort you head out jamica jamica
What is the application of the doctrine of binding judicial precedent in Malaysia?
Read Malaysian Legal System book, you lazy ass.
What is judicial activism in regard to doctrine of precedent?
The doctrine of judicial precedent* refers to the process by which judges follow previously decided cases. Courts at the top of the hierarchy are of more significance so their decisions carry greater legal weight than lower or inferior court decisions. In the UK, the House of Lords binds lower courts, but not itself. Even though its ability to depart from previous decisions is wide it uses this power with great discretion, following guidelines laid out in the Practice Statement Judicial Precedent of 1966. *Another name of the doctrine is "stare decisis". ("Stare" is pronounced "starry" or "staray"; decisis rhymes with crisis with the "c" pronounced as an "s".) It is Latin for "the decision stands".
Whwt is meant by judicial precedent?
Judicial precedent refers to a legal case that establishes a principle or rule that can be applied by other court or other judicial body
Should the doctrine of judicial precedent be abolished in nigeria law?
Many countries are happy with judicial precedent. If it were not in place then judgements in previous cases would not be relevant in current cases. This could lead to situations where people were found not guilty in the past for exactly the same accusation for which they could be found guilty now. That can not be fair. If the public think that a particular judgement leading to a judicial precedent is not correct, they can pass a law in the legislature to correct the mistake.
What doctrine requires courts to follow authoritative prior decisions when ruling on a case?
This legal doctrine is known as stare decisis, a latin term which means to stand by decisions and not disturb the undisturbed. A prior judicial decision is commonly referred to as a precedent.
Does judicial restraint rely on the principle of stare decisis?
Doctrinalism relies on the principle of stare decisis.Judicial restraint relies on a narrow interpretation of the text of the Constitution and the Framers' inferred intent in decision-making. If the precedent being relied upon under stare decisis was made using judicial restraint, then adhering to the precedent also involves judicial restraint; if the controlling precedent being used represents an instance of judicial activism, then upholding the precedent also requires a (lesser) degree of judicial activism.The concepts of judicial restraint and judicial activism relate to decisions based on a particular theoretical view of the Constitution and its purpose. Stare decisis relates to consistency in upholding case law, regardless of whether the precedent was originally determined via activism or restraint.
What has the author James Louis Montrose written?
James Louis Montrose has written: 'Judicial law making and law applying' 'Precedent in English law' -- subject- s -: Addresses, essays, lectures, Law 'Judicial implementation of legislative policy' 'The operation of description in a contract of sale of goods'
Judicial restraint means that a judge will consider what when making decisions about a case?
precedent
A judicial decision that establishes a rule for settling subsequent cases of a similar nature is a?
Precedent
What does the system of judicial precedent mean?
The way the question is asked: USING judicial precedent, means that the judge is following the lead of a decision in a similar case that has already been decided upon and he is ruling the same way using the other case as a guideline. If the questioner meant to ask what does SETTING judicial precedent mean. . . that means that the judge was rendering a decision in a case of a type that had never been tried, or ruled upon, in the past, and that his verdict would set the 'precedent' by which all future cases might be judged. Judges, by the way, do NOT necessarily have to follow precedent in making rulings.
