Law (Precedent) Essay

357 Words2 Pages
Do you think a system of precedent is useful or necessary in the administration of the justice? Explain your answer. - hA system of precedent is necessary in the admistration of justice because it ensures the consistency of the way the law is applied, ensuring that similar cases are treated in the same manner, in order to reach similar conclusion. It assures for certainty where the courtsj follow earlier decisions made in the past. This removes the risk of different judicial rules arising, and because prior decisions have been recorded in a reasonable manner it ensures for predictabilty. - Economic benefits. ⦁ Explain the difference between the ratio decidendi and obiter dictum in a decision. Ratio decidendi is what ever the judge thought was necessary for him to decide the case and afterwards they will create a binding precedent means that all courts below that court will have to follow the same decision if the case is similiar , they are the principle a judgewill use when making his judgement. however every ratio is different. It is important to notice that working out the ratio of a case is complex and complicated. Ratio decidendi is based on the facts of the case plus the actual ruling, rather than on any hypothetical set of circumstances. The reason of the case based on the fact of the law.h Obiter dictum - latin word "other things" . It consist of anything said by the earlier court which is not considered to be directly relevant or essential to the decision. Extremtely similiar to ratio decedendi except for the fact that its precedent aren't binding. However it is regarded as persuasive precednent and does not have to be followed later in the future. It only has to be considered. Not every part of the earlier decision must be followed by a later court. ⦁ How Is the ratio identified? Who decides it? This involves identifying the decision
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