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Il ruolo dei tribunali in Modifica legge

  • Note di Apprendimento
  • Revisione degli argomenti
    Charles M.
    GB
    Charles M.

    The role of the courts in changing the law is to establish and adapt new case law principles in giving precedents or decisions that can be used for new laws. Courts are very important in the development of law and many branches of law stem from their case law principles such as: • contract law: the elements of a valid contract • criminal law: the elements of murder as an indictable office

    Sorie T.
    SL
    Sorie T.

    good

    Peter Awuni A.
    GH
    Peter Awuni A.

    Good

    Robert D D.
    US
    Robert D D.

    Role of Courts in Changing the Law The courts are able to change the law by establishing and adapting new case law principles in giving decisions (i.e. precedents). This law-making or law-changing role of the courts is, however, a secondary function to their dispute-resolution role. In this way, the courts are reactive law-makers: they can only 'make' law when a case arises for decision, not decide the timing of a case law change. Even then, it is effectively only the superior courts which make law when a matter proceeds to appeal before the courts higher in the hierarchy (e.g. Full Bench of the High Court of Australia). Courts have been very significant in the development of our law and many branches of the law stem from case law principles established by judges in court cases over time. These include: tort law: manufacturers' liability for negligence contract law: the elements of a valid contract criminal law: the elements of murder as an indictable offence constitutional law: the meaning of 'free trade' between the states of Australia

    Muqtar Yusuf Y.
    UG
    Muqtar Yusuf Y.

    The main role of the courts is to solve disputes among people they can only make law when a case arises for decision

    Azubuike O.
    NG
    Azubuike O.

    the existence of law is as old as man and with the present changes in live cutting across social and technology has necessitated the changes in law and as such any law that is repugnant ,incompatible with our present days issues will have to be change through the due process . by the parliament,delegates legislation and by court although the court play a reactive role in law- making their primary duty is dispute/conflict resolution .

    Elsadig Abdalla Hassan Abdelgadir A.
    SD
    Elsadig Abdalla Hassan Abdelgadir A.

    The function of the court is solve the problem buy issuing the right verdict for the case which is already exist in the legal system, but not always that is the case some time the judge will not find any verdict suitable to the case he deal with he has to go to the precedents if he did not find either , he still has to solve the problem, he has to make up his mind and after consultation with court members he come out his decision regarding that particular case .

    Primrose C.
    BS
    Primrose C.

    Courts plays a vital role when the needs arises to make the necessary changes to the principle of the case law in the matter of which they need to settle dispute resolution. Because there are so many branches under one heading for example Contract law, Judges have to sometimes establish and adapt new case law in order to get through the case; this however may not be the last and final decision on this case.

    Primrose C.
    BS
    Primrose C.

    Courts can only make changes when there is a need to do so. Judges can change the law by establishing and adapting new case law principles related to decisions for the use of precedent. This however, is more effective at a higher court for example if used in Magistrat's chances are it may be over rules by the Judge if necessary.

    Queenielyn C.
    JP
    Queenielyn C.

    Role of Courts in Changing the Law The courts are able to change the law by establishing and adapting new case law principles in giving decisions (i.e. precedents). This law-making or law-changing role of the courts is, however, a secondary function to their dispute-resolution role. In this way, the courts are reactive law-makers: they can only 'make' law when a case arises for decision, not decide the timing of a case law change. Even then, it is effectively only the superior courts which make law when a matter proceeds to appeal before the courts higher in the hierarchy (e.g. Full Bench of the High Court of Australia). Courts have been very significant in the development of our law and many branches of the law stem from case law principles established by judges in court cases over time. These include: tort law: manufacturers' liability for negligence contract law: the elements of a valid contract criminal law: the elements of murder as an indictable offence constitutional law: the meaning of 'free trade' between the states of Australia

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