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The doctrine of precedent, or stare decisis, promotes legal consistency and predictability by requiring courts to follow established case law. While it provides stability, critics argue it can lead to rigidity, preventing the law from adapting to new circumstances or societal changes. Additionally, reliance on past decisions may perpetuate outdated or unjust rulings. Ultimately, whether it is fair depends on the balance between maintaining legal continuity and allowing for necessary evolution in the law.
What else can I help you with?
What two types of precedent are there in doctrine of precedent?
binding(mandatory) precedent persuasive precedent
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.
What are the principles under the doctrine of binding precedent?
The principles under the doctrine of binding precedent are that the courts must use past solutions. They apply when the law is not unreasonable or inconvenient.
A outline of the doctrine of judicial precedent as applies to courts in Jamaica?
Sort you head out jamica jamica
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
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 are Court rulings that serve as guides for similar future cases?
The proper term for a ruling that becomes a model for future cases to follow is called "precedent." Judges will often look for those cases that have set a precedent when deciding how to rule on a present case.
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.
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?
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.
What is the application of the doctrine of binding judicial precedent in Malaysia?
Read Malaysian Legal System book, you lazy ass.
Why is the doctrine of the stare decisis important?
The requirement that a lower court must follow a previously set precedent is called stare decisis.
Which of the following best explains the principle of stare decisis, which refers to the legal doctrine of precedent where courts are generally required to follow previous decisions in similar cases?
Stare decisis is the legal principle that courts should generally follow previous decisions in similar cases. This doctrine of precedent helps ensure consistency and predictability in the legal system.
