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If there is no precedent on which a court can base a decision the court can consider?
Wiki User
∙ 13y ago
legal principles underlying previous court decisions or existing statutes
legal principles underlying previous court decisions or existing statutes
A court may consider various factors, including legal priciples and policies underlying previous court decisions or existing statutes, fairness, social values and customs, public policy, and data and concepts drawn from the Social Sciences.
Wiki User
∙ 13y ago
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What is the English system of law base on?
mainly statutes and judicial precedent. Basically, a statute is a law created by the Government. Judicial Precedent is a little more complex. Basically in a court case, a judge may set down new precedent. This means that the Judge is effectively creating new law. Now, the court system is based on a hierarchy with the highest court being the Supreme Court. Each court lower down in the hierarchy has to follow precedent from the Courts above it. A judge in a higher up court can overrule a decision from a court below it. Judicial precedent is also known as common law. A good example of this is murder. Murder is not defined in any statute (people believe that it is defined under the Homicide Act 1957 but this only sets out defenses that are available to murder) and is based on precedent. The definition of Murder under English law comes from a sevententh-century judge named Lord Coke
Which level of government has the power to make laws?
Any branch can "make laws" but it has to be passed by the other branches. The way the judicial branch "makes" laws is by making a decision on a court case and this decision becomes precedent for other judges to base their decisions off the precedent made by that decision. For instance, not too long ago a girl sued her school system because someone told the school's resource officer that she had drugs. So, with that as the only evidence, all her belongings were searched and she was stripped searched. The court case made it all the way to the supreme court, where it was decided unlawful for there to be search like that with such little evidence. Because of this decision, it is now illegal for a school to do that.
Do you have to pay child support if you rotate keeping your child a week at a time?
That's up to the court which will base its decision on state law, the relative economic levels of the parties involved and perhaps who carries the health insurance that covers the chid.That's up to the court which will base its decision on state law, the relative economic levels of the parties involved and perhaps who carries the health insurance that covers the chid.That's up to the court which will base its decision on state law, the relative economic levels of the parties involved and perhaps who carries the health insurance that covers the chid.That's up to the court which will base its decision on state law, the relative economic levels of the parties involved and perhaps who carries the health insurance that covers the chid.
What is a legal model on which judges base later decisions?
A precedent is an earlier decision used as a guide or model in future decision-making. Courts often use precedents set in earlier cases to render a judgment, under the doctrine of stare decisis (Latin: Let the decision stand), a common law principle.
An earlier model upon which judges may base decisions?
Precedent
Why is it important for the US Supreme Court to be careful in overruling its previous decisions?
The US Supreme Court realizes that precedent needs to be respected and considered very carefully in new decisions in order to prevent social and institutional chaos. Supreme Court decisions may form the foundation of laws or be interwoven into other cases that rely on the precedent standing. Overturning an earlier decision may have a broad impact not just on the case at bar but on policies, laws, and future cases.The overturned precedent may also have been established to prevent some form of corruption or abuse of a system (political, economic, etc.) which would then become vulnerable to manipulation.This is one of the primary reasons the legal system relies on the doctrine of Stare decisis (Latin: Stare decisis et non quieta movere), meaning "let stand what has been decided." This principle compels lower courts to base decisions on precedents set by higher courts, with final judicial interpretation resting in the hands of the Supreme Court.
What is a base court?
A base court is a secondary, inferior, or rear courtyard of a large house, or an inferior court of law.
What is the base word of decision?
The base word of "decision" is "decide."
What is the base word of indecision?
The base word of "indecision" is "decision."
What might happen if decisions of the Supreme Court were not final?
Cases would be tied up in the appellate courts forever, and there would be few established precedents on which to base a decision. Chaos and gridlock.
What is the base word for the word decision?
The base word for the word "decision" is "decide."
Consider 352 to be a base 7 number if you write the value as both a base 3 and a base 4 number and then consider those values to be base 10 numbers what is the positive difference between them?
17891?
