Judicial Precedent

Introduction N igerian good system is one of the legal systems based on common jurisprudencefulness. Under the common law system, the courts do non just decide dispute brought onwards them, before they do that they have to check to see if much(prenominal) dispute has been settled before i.e. object lesson law. If there is, the demonstrate court de jump consider the quality of the court that gave that rather ending. The court whitethorn then follow it or despise it depending on the pecking order of the court that decided that earlier guinea pig. The introductory case been followed is called discriminative Precedents and if the court is bound to follow it we presuppose that the precedent is binding. The dogma that stipulates that binding precedents must be followed is called choose decisis. This feature of cosmos bound by past precedent is one of the distinguishing elements amongst Common uprightness Jurisdiction and Civil Law Jurisdiction. This is not to say that civil law jurisdictions do not recover the Judicial Precedent for this is common to all authentic systems. (See pulpit on Jurisprudence 1976 page 164) But the teaching of stargon decisis is what is lacking in Civil Law jurisdictions. The strength and viewer of common law is that it is built upon the concrete examples of case law rather than hypothetical models as the civil law does.

It is in view of this that the American jurist Oliver Wendell Holmes once said that the intuitive feeling of law has not been logic; it has been experience. To facilitate the acquaintanceship of this discourse , it will be apposite to explaining the mean! ing of some phrases which are inherently linked to the topic under discussion. 1. RATIO DECIDENDI The ratiocination of a court may fall into two part: the reason for the decision and that which is said by the way. The ratio decidendi of a case is the principle of law on which the decision is based. Goodhart narrow down the ratio decidendi [reason of deciding] of a case as the material facts of the case plus the decision thereon. See Determining the Ratio Decidendi of...If you sign on to get a full essay, order it on our website: OrderCustomPaper.com

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