Judicial Precedent

Introduction N igerian legal system is sensation of the legal systems based on joint justice. Under the common justness system, the royal approachs do non just decide contest brought before them, before they do that they have to check to get wind if such dispute has been colonized before i.e. object lesson law. If at that place is, the present court pop consider the quality of the court that gave that primitively ending. The court whitethorn then sweep up it or reject it depending on the pecking swan of the court that decided that earlier consequence. The previous case been followed is c aloneed invidious Precedents and if the court is bound to follow it we utter that the precedent is binding. The tenet that stipulates that binding precedents must be followed is called discern decisis. This feature of initiation bound by onetime(prenominal) precedent is one of the distinguishing elements amongst plebeian Law Jurisdiction and polished Law Jurisdiction. This is not to say that civil law jurisdictions do not recover the discriminative Precedent for this is common to all developed systems. (See pulpit on Jurisprudence 1976 page 164) only the doctrine of stargon decisis is what is lacking in Civil Law jurisdictions. The enduringness and ravisher of common law is that it is built upon the concrete examples of case law rather than alleged(a) models as the civil law does.

It is in view of this that the American jurist Oliver Wendell Holmes once say that the smell of law has not been logic; it has been experience. To quicken the acquaintance of this discourse, it will be apposite to explaining the meaning of most phrases which are inherently relate to the topic under discussion. 1. proportionality DECIDENDI The finding of a court may fall into both part: the reason for the decisiveness and that which is said by the way. The balance decidendi of a case is the regulation of law on which the last is based. Goodhart specify the ratio decidendi [reason of deciding] of a case as the cloth facts of the case plus the decision thereon. See Determining the symmetry Decidendi of...If you take to get a full essay, order it on our website: Ordercustompaper.com

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