The Doctrine Of Precedent - Free Essay Examples and Topic Ideas

The doctrine of precedent refers to the practice whereby a court is bound to follow the decisions of higher courts in similar cases in the past. This means that the decisions of higher courts establish a binding precedent for lower courts to follow in future cases. In doing so, the doctrine ensures consistency and predictability in the law, and it allows the legal system to build on its past decisions and develop in a coherent and systematic way. The principle of stare decisis (meaning “to stand by things decided”) is a central component of the doctrine of precedent, and it is of fundamental importance to the common law legal system.

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1
The Advantages And Disadvantages Of The Doctrine Of Precedent

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Paper Type:3000 Word Essay ExamplesAdvantages and Disadvantages Essay

Discuss the advantages and disadvantages of the doctrine of precedent. The doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike. Top of Form Bottom of Form Discuss the advantages and disadvantages of the doctrine of precedent. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. The doctrine of precedent means that judges refer back to previous…

The Doctrine Of Precedent
2
Consideration is the essential element

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Paper Type:1400 Word Essay Examples

Introduction 1 According to Lord Pollock’s definition of consideration which is an act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought and the promise thus given for value is enforceable.2 Besides that, consideration must be something of value given or promised in exchange for the promise given by the other party in order for a valid contract to be formed.3 The term “something of value” can be…

The Doctrine Of Precedent
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The Doctrine of Precedent: Advantages, Disadvantages, and Judicial Innovation

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Paper Type:600 Word Essay ExamplesAdvantages and Disadvantages Essay

IntroductionThe doctrine of precedent is a fundamental aspect of the common law legal system, shaping the way judges make law and influencing the development of legal principles. This essay delves into the multifaceted nature of the doctrine, examining its advantages and disadvantages. Additionally, it explores how judges may contribute to the evolution of law by making new legal interpretations. The analysis incorporates a case study, Grant v. Australian Knitting Mills [1936] AC 85, to exemplify a situation where judges played…

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