Thursday, November 21, 2013

Law Making

Unit 1 Law Making: January 2009 Paper 1 (a) rationalise what is meant by the article of belief of power in English law. (15 marks) The dogma of caseful in point is the lawyers term for level-headed experience, and is fundamentally repeating things that obtain been done in the past. This is important to financial backing whatsoever degree of truety in our law. Judicial actor performer the process whereby judges follow previously obdurate cases where the facts be of sufficient alike(p)ity. An application of the principle stare decisis is touch on in the doctrine of discriminatory case law, which means to outdoor stage by the decided. This means, in practise, that inferior courts are skip over to mount the legal principles set down by ranking(a) courts in earlier cases, providing consistency and predictability in law. (b) Identify and curtly debate two payoffs and two prejudices of the doctrine of judicial precedent. (15 marks) An advantage o f the doctrine of judicial precedent is the fact that it provides a certain meat of consistency and predictability in the law, so that lawyers, barristers and other legal professionals give be able to advise their clients on the nigh probable outcome of their trial.
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Judicial precedent is also reusable because it shows that similar cases are handled in a similar way, which is two in the interest of justice and fairness, as well as in the public interest. A disadvantage of the doctrine of judicial precedent is due to the fact that hundreds of cases are reported individually course of instruction; it can lea d to confusion as to what the condition pre! cedent is that should be applied to the case. A nonher disadvantage of judicial precedent is the idea that the law is far as well as complex and thence applying a past precedent could not be correct due to the distinctions which make each case individual. 2 (a) gravel any three influences on fan tan as a law maker. (15 marks) There are a lot of influences on Parliament as a law-maker, up to now three of the most common ones are pressure...If you want to get a panoptic essay, order it on our website: BestEssayCheap.com

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