judicial precedent Free Essay, Term Paper and Book Report
Judicial precedent comes from decisions made by judges which create laws for later judges to follow. Depending in which court a judge is operating in, they can be bound by that decision and must follow it, this is also known as case law. Precedent means once a decision has been made in one case on point of law, that decision must be kept in future cases. Although precedent has been around for hundreds of years it was only established in the late nineteenth century. Baron Parke an important judge of his era, said precedents must be regarded in subsequent cases and it was not open to the courts:
To reject them and abandon all analogy to them (Mirehouse v Renell)
Precedent is created by the judgments on past cases. The judgment is the speech made by the judge who has made the decision on the case, and it is split into two parts. It should be noted that there is often more than one judge hearing a case, and so there may be many judgments on one case.
The first part is the "ratio decidendi" ("reason for deciding"). This is the most important part as it gives the judge's decision.......
Word Count: 1641
Page Count: 6.5 (250 words a page / double spaced)
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