Law Question?

Question

I have to write a law essay for my AS level and part A says "explain how the doctrine of precedent usually works." I've missed some of the lessons as i've been ill. Can anyone help me answer it?

Thanks In Advance

Answer 1

In law, a precedent or authority is a legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts. The term may also refer to the collective body of case law that a court should consider when interpreting the law. When a precedent establishes an important legal principle, or represents new or changed law on a particular issue, that precedent is often known as a landmark decision. (U want more details go to the link below)

Answer 2

In general the “doctrine of precedent” can be considered as “tare decisis.” In short this can be defined as a policy of the courts to stand by precedent and not to disturb settled point. (re: Neff v. George, 364 Ill. 306, 4 N.E.2d 388, 390, 391.) This is a doctrine that, when court has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle, and apply it to all future cases, where facts are substantially the same; regardless of whether the parties and property are the same. (re: Horne v. Moody, tex.Civ.app., 146 S.W. 2d 505, 509, 510.)

Ill mention three other things, first, this question is in the wrong category and should be in the category for home-work help.

Secondly, this is a simple answer to a simple question. If you really are a law student, this should be a simple look up in your text books. At the very least you should be able to quickly find it in the nearest library.

Thirdly, if you having a problem with something this simple, seeking a different career path would seem advisable.

Answer 3

In common law jurisdictions, lower courts are bound by the previous decisions of all courts higher than that one and to some extent, are bound by the previous decisions of it's own court, though not as much. The higher court decisions are binding precedent upon the lower courts and the lower courts are "persuasive" precedent. Meaning, courts on the same level do not have to follow each others precedent, but it may look to their opinions as persuasive in making a determination on how to rule on an issue.

Answer 4

Are you in Professor Sheets class??

Well that's pretty easy. In order to dispose of cases, that is go through them at a reasonable pace, all similar cases are treated the same.

So if the Supreme Courts rules in a case and a similar case comes up in a lower court after that the judge can site that precident and end the case the same way.

Answer 5

a pecedent is usually a judicial judgementthat serves as an authority for deciding a later case.

Answer 6

precedent sets a standard so a doctrine is a letter maybe you shouldnt be in law

Answer 7

previous judgements are taken into consideration in other cases.

sort of like when your brother/sister wasnt punished when they broke the remote.

if he/she wasnt made do the dishes why are you making me..... youre so unfair -i hate you waaaaaaa.

Answer 8

Get your own AS level, we are not going to do it for you.

Answer 9

dont know but look on encarte or web sites.....the BBC site might be the best......good luck!!!