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A outline of the doctrine of judicial precedent as applies to courts in Jamaica?
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What court case established the courts of judicial review?
Marbury v. Madison is the Supreme Court case that established the precedent of judicial review. John Marshall was the Chief Justice of the court.
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
What precedent did president Washington and congress establish for the executive and judicial branches?
Washington and Congress established the Judiciary Act of 1789, which created three levels of federal courts and defined their powers and relationship to the state courts.
What is the power to determine whether or not a law made by Congress falls within the framework of the us constitution?
The Judicial Branch has the power to check the laws made by congress.
Is court precedent mandatory or persuasive?
That depends on which court you're referring to. In the federal court system, the US Supreme Court sets binding (or mandatory) precedent for all lower courts; the US Court of Appeals Circuit Courts set binding precedent for all US District Courts within their jurisdiction, but only persuasive precedent elsewhere; the US District Courts do not set binding precedent at all, they only set persuasive precedent.
Is the judicial power the power of courts?
Yes. Judicial power is the power of the courts or judges.
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 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.
Judicial branch courts?
The other courts that are included in the Judicial Branch besides the Supreme Court is the Lower Federal Courts.
What type of precedent do trial courts create?
Trial courts create legal precedent known as case law. This precedent is based on the decisions made in individual cases and can be used as a guide for future similar cases.
Who has the judicial power?
The courts.
