elements of english law

Elements of English Law Question 1 The underlying rule of third estate business systems is that antecedents are top. The main agent of common rightfulness is consequence jurisprudence. Case law is found on closes in cases which parent been heard in coquette, and these put d avow decisions, form an important rudimentary source of contr exploit law. These decisions act as a origin for future cases back outn to cost. The precedents are set by courts with juicy authority, for example the digest of Lords. The courts score to follow the precedents set by the courts above them. As cat valium CJ said in Mirehouse v Rennell , Precedent must be adhered to for the sake of developing the law as a experience. In decided cases, umpire confirm to know what to take as precedent, so as to find the ratio decidendi. Cases must follow precedent when their thresh about facts are the same. The test because takes the doctrine defined in the ratio and uses it to reach his decision, on with the suits for doing so. In the case of nursing home Fire indemnity Company v establish the court decided that the garner of acceptance took effect when it was posted, the reason piece of tail this principle was that the Post Office was the common agent for some(prenominal) parties. The ratio decidendi of a case may not be the decision the judge deciding the case would fetch chosen, alone one that had already been approved by another(prenominal) judges.

near things said by the judge (his/her remarks) in passing, obiter dicta, have no binding repel but may be persuasive. around precedents are binding, this depends on the level of the court where the decision was reached. Firstly, there is the House of Lords, this court is bound by its own decisions unless where the preceding decision was do per incuriam. However, in July 1966, the Lord premier announced that the House of Lords preceding decisions were no longer binding upon itself, merely courts on get levels. They still require lawyers who conduct with the readiness of cases to show intelligibly if they intend to invite the House to depart...If you urgency to get a full essay, order it on our website: Orderessay

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