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 side in point is the attorneys term for juristic experience, and is fundamentally repeating things that open been done in the past. This is important to financial backing many degree of plasteredty in our law. Judicial actor elbow room the process whereby judges follow previously obdurate cases where the facts ar of sufficient alike(p)ity. An application of the principle stare decisis is touch on in the doctrine of legal case law, which means to allow by the decided. This means, in practise, that inferior courts are cut back to mount the legal principles set down by capital courts in earlier cases, providing consistency and predictability in law. (b) Identify and curtly debate two wagess and two prejudices of the doctrine of judicial precedent. (15 marks) An advantage of the doctrine of judicial p recedent 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 about probable outcome of their trial.
Judicial precedent is also utilizable because it shows that similar cases are handled in a similar way, which is twain 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 lead to confusion as to what the condition preced ent is that should be applied to the case. ! Another 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) stick out any three influences on fantan as a law maker. (15 marks) There are a lot of influences on Parliament as a law-maker, nevertheless 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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