Judicial Precedence

Question 1 a. A judge must channelize up either decision made by a higher(prenominal) beg in a case with similar square facts. These decisions ar made dustatically according to the doctrine of binding antecedency. This doctrine of binding precedence of stare decisis in Latin, is a frame where previous decisions if superior court bind another(prenominal) courts in subsequent similar cases. For example, if the Federal tourist court (Superior vamp in Malaysia) decided that a minor is not susceptible under contract. If a minor is sued in the High womanise for not fulfilling his obligation in a contract, the High salute exit follow this previous decision of the Federal Court. When a Judge hands down a decision, he overly has to get the reasons for his decision. This means we get the point of law (the distinctness we have to follow) as well as the facts and other things. If (in the appeallate courts) a judge disagrees with the majority decision, then they will also take up to write a report which explains why they disagree. Although this nonage fantasy doesnt have any binding power, it faculty be very persuasive in the future case. The advantages of: * thither is conclusion in the law.

By looking at actual precedents it is viable to forecast what a decision will be and see accordingly. * at that place is uniformity in the law. Similar cases will be treated in the same way. This is important to give the system a sense of justice and to make the system satisfactory to the public. * Judicial precedent is flexible. There are a repress of ways to avoid prece dents and this enables the system to change ! and to aline to sensitive situations. * Judicial precedent is practical in nature. It is ground on real facts, unlike legislation. * Judicial precedent is detailed. There is a wealth of cases to which to refer.If you want to get a salutary essay, aim it on our website: OrderCustomPaper.com

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