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Monday, February 11, 2013

Law Making

Unit 1 Law Making: January 2009 Paper

1 (a) rationalise what is meant by the article of belief of power in English law. (15 marks)
The dogma of case in point is the lawyers term for legal experience, and is fundamentally repeating things that have been done in the past. This is important to financial backing some degree of certainty in our law. Judicial actor means the process whereby judges follow previously obdurate cases where the facts are of sufficient alike(p)ity. An application of the principle stare decisis is touch on in the doctrine of judicial case law, which means to stand by the decided. This means, in practise, that inferior courts are bound to mount the legal principles set down by superior courts in earlier cases, providing consistency and predictability in law.
(b) Identify and briefly debate two advantages and two disadvantages of the doctrine of judicial precedent. (15 marks)
An advantage of the doctrine of judicial precedent is the fact that it provides a certain meat of consistency and predictability in the law, so that lawyers, barristers and other legal professionals give be able to advise their clients on the virtually probable outcome of their trial.

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Judicial precedent is also useful because it shows that similar cases are handled in a similar way, which is both in the interest of justice and fairness, as well as in the public interest.
A disadvantage of the doctrine of judicial precedent is due to the fact that hundreds of cases are reported each course of instruction; it can lead to confusion as to what the condition precedent is that should be applied to the case. Another disadvantage of judicial precedent is the idea that the law is far too complex and thence applying a past precedent could not be correct due to the distinctions which make each case individual.
2 (a) get any three influences on Parliament as a law maker. (15 marks)
There are a lot of influences on Parliament as a law-maker, however three of the most common ones are pressure...If you want to get a panoptic essay, order it on our website: Ordercustompaper.com



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