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What is the alternative of precedent law?
Where the law does not set a precedent to be followed by Courts lower in the Court hierarchy, it must turn to the Statute (or legislation) that is prescribed in that area
What are the problematic areas of the doctrine of precedent in South Africa?
well the problem mainly lies in the hierarchy of the courts
What is hierarchy court system in Tanzania?
Starts with primary court, followed up by District court which exercises horizontal power with Resident Magistrate's Court it has greater powers though,above all is the High Court of Tanzania,and the Highes Court in the hierarchy is Court of Appeal.
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 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
What two types of precedent are there in doctrine of precedent?
binding(mandatory) precedent persuasive precedent
An appeal to precedent is a type of?
an appeal to precedent is a type of an appeal to precedent is a type of
To what extent are precedent are binding or not binding?
it depends on how old the precedent is, how closely related is it to the case you are looking at and the difference between your precedent and crown/defense lawyer's precedent
What is a place that begins with the letter T?
tanzania tanzania tanzania
Should you say set a precedence or precedent?
precedent
What term describes a ruling in an earlier legal case that is similar to a current case?
Precedent
What does it mean when a judge uses precedent to arrive at an opinion?
precedent
