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Interpretazione dei precedenti decisioni

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

    In general courts follow the doctrine of precedent. However there are examples where a decision may not be followed because of certain judicial approaches to the interpretation of past decisions. These approaches include: • Reversing a previous decision • Overruling a previous decision • Distinguishing a previous decision • Disapproving a previous decision

    Charles M.
    GB
    Charles M.

    In general courts follow the doctrine of precedent. However there are examples where a decision may not be followed because of certain judicial approaches to the interpretation of past decisions. These approaches include: • Reversing a previous decision • Overruling a previous decision • Distinguishing a previous decision • Disapproving a previous decision The problems in interpretating past decisions include: • Volume of case law • Age of case law • Difficulties in distinguishing between the ratio decidendi and the orbiter dicta • There may be multiple, conflicting precedents Law can be a difficult subject.

    Sorie T.
    SL
    Sorie T.

    Noted

    Peter Awuni A.
    GH
    Peter Awuni A.

    Is it advantageous to use the doctrine of precedents

    Joseph S.
    UG
    Joseph S.

    Interpretation of Past Decisions Generally, courts will follow the decisions of previous courts in the same hierarchy. This assists consistency and certainty in the law pronounced by the courts. However, even where a decision appears to be binding on a court, it may not necessarily be followed by virtue of particular judicial approaches taken to the interpretation of past decisions. These approaches include: reversing a previous decision overruling a previous decision distinguishing a previous decision disapproving a previous decision Reversing This involves a superior court in the hierarchy changing the

    Azubuike O.
    NG
    Azubuike O.

    Reversing , overruling ,distinguishing and disapproving are corollaries of effective laws. how? effectiveness of any law is dependent on the changes based on contemporary issues like social, technological which make the court to revers , overrule,disapprove and distinguish. cases .

    Khng J.
    SG
    Khng J.

    What is the degree of success for a court of law, when using the multiple precedents approach?

    Primrose C.
    BS
    Primrose C.

    Are higher courts decisions always right when they over rule a lower court decision?

    Mallo J.
    KE
    Mallo J.

    Quite interesting to note that the doctrine of precedent is very necessary in case law yet it has certain challenges in terms of its usage.

    Queenielyn C.
    JP
    Queenielyn C.

    The Doctrine of Precedent The doctrine of precedent involves following the decisions of previous cases to resolve current ones. The doctrine of precedent involves following the decisions of previous cases to resolve current ones. Definition: The legal practice of following decisions of previous cases to resolve current cases (based on the notion of 'stare decisis' - to 'stand by things already decided'). Types of precedent binding precedent - a previous decision that must be followed. The binding element of a precedent is known as the 'ratio decidendi' (reason for the decision) persuasive precedent - a previous decision that may be followed but is not required to be followed. The binding element of a precedent is known as the 'obiter dictum' (other matters addressed by the court in reaching a decision, not part of the main reason for the court's decision) Principles of precedent superior courts bind inferior courts in the same hierarchy equal courts do not bind each other courts in other jurisdictions do not bind our courts Old precedents should not necessarily be avoided or rejected. Requirements of precedent a hierarchy of courts (with superior and inferior courts) a system of formal law-reporting (for future reference and comparison) a recognition by courts of the worthiness of the doctrine (i.e. that precedents are worth following)

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