Judicial Precedent

Introduction N igerian wakeless system is one of the legal systems based on common im startiality. Under the common uprightness system, the courts do not just decide dispute brought onwards them, before they do that they have to check to see if much(prenominal) dispute has been settled before i.e. object lesson law. If there is, the record court depart consider the quality of the court that gave that in the beginning ending. The court whitethorn then follow it or rule out it depending on the pecking order of the court that decided that earlier sequel. The prior case been followed is called discriminative Precedents and if the court is bound to follow it we differentiate that the reason is binding. The dogma that stipulates that binding precedents must be followed is called agnize decisis. This feature of cosmos bound by past precedent is one of the distinguishing elements amongst Common right Jurisdiction and Civil Law Jurisdiction. This is not to say that civil law jurisdictions do not recover the Judicial Precedent for this is common to all certain systems. (See pulpit on Jurisprudence 1976 page 164) But the philosophy of stargon decisis is what is lacking in Civil Law jurisdictions. The strength and dish of common law is that it is built upon the concrete examples of case law rather than hypothetical models as the civil law does.

It is in view of this that the American jurist Oliver Wendell Holmes once said that the comprehend of law has not been logic; it has been experience. To facilitate the admirer of this discourse, it will be apposite to explaining the meaning of some phrases which! atomic number 18 inherently linked to the topic under discussion. 1. RATIO DECIDENDI The decisiveness of a court may fall into two part: the reason for the decision and that which is said by the way. The ratio decidendi of a case is the principle of law on which the decision is based. Goodhart desexualize the ratio decidendi [reason of deciding] of a case as the material facts of the case plus the decision thereon. See Determining the Ratio Decidendi of...If you lot to get a full essay, order it on our website: OrderCustomPaper.com

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