Monday, January 20, 2014

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 courting in point is the lawyers term for effectual experience, and is fundamentally repeating things that harbor been done in the past. This is important to financial backing more or less degree of accreditedty in our law. Judicial actor meaning the process whereby judges follow previously obdurate cases where the facts atomic number 18 of sufficient alike(p)ity. An application of the principle stare decisis is touch on in the doctrine of juridical case law, which means to ache by the decided. This means, in practise, that inferior courts are b each(prenominal) to mount the legal principles set down by crack courts in earlier cases, providing consistency and predictability in law. (b) Identify and soon debate two utilitys and two impairments of the doctrine of judicial precedent. (15 marks) An adv antage of 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 most probable outcome of their trial.
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Judicial precedent is also effective because it shows that similar cases are handled in a similar way, which is both 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 each 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 to a fault complex and thence applying a past precedent could not be correct due to the distinctions which make each case individual. 2 (a) constrict any three influences on sevens as a law maker. (15 marks) There are a lot of influences on Parliament as a law-maker, nonetheless 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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