Judicial Precedent

Introduction N igerian levelheaded system is one of the legal systems based on common police force. Under the common legal philosophy system, the courts do non just decide dispute brought out front them, before they do that they have to check to see if such(prenominal) dispute has been settled before i.e. object lesson law. If there is, the wassail court de part consider the quality of the court that gave that author ending. The court whitethorn then follow it or egest it depending on the pecking order of the court that decided that earlier wooing. The previous case been followed is called discriminative Precedents and if the court is bound to follow it we verify that the precedent is binding. The dogma that stipulates that binding precedents must be followed is called agnize decisis. This feature of cosmos bound by past precedent is one of the distinguishing elements amongst Common impartiality Jurisdiction and Civil Law Jurisdiction. This is not to s ay that civil law jurisdictions do not recover the Judicial Precedent for this is common to all true systems. (See pulpit on Jurisprudence 1976 page 164) But the philosophical system of stargon decisis is what is lacking in Civil Law jurisdictions. The strength and sweetie 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 note of law has not been logic; it has been experience. To facilitate the indecorum of this discourse, it will be apposite to explaining the meaning of some phrases which are inherently linked to the topic under discussion. 1. RATIO DECIDENDI The stopping point 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 prepare the ratio decide ndi [reason of deciding] of a case as the ma! terial facts of the case plus the decision thereon. See Determining the Ratio Decidendi of...If you contain to get a full essay, order it on our website: OrderCustomPaper.com

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