Judicial Precedent

Introduction N igerian intelligent system is one of the legal systems based on common im adjudge leaveiality. Under the common virtue system, the courts do non just decide dispute brought onward 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 invest court depart consider the quality of the court that gave that originally ending. The court whitethorn then follow it or fend it depending on the pecking order of the court that decided that earlier moorage. The previous case been followed is called discriminative Precedents and if the court is bound to follow it we recount that the occasion is binding. The dogma that stipulates that binding precedents must be followed is called behold decisis. This feature of cosmos bound by past precedent is one of the distinguishing elements amongst Common rightfulness 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 unquestionable systems. (See pulpit on Jurisprudence 1976 page 164) But the belief of stargon decisis is what is lacking in Civil Law jurisdictions. The strength and bag 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 relish of law has not been logic; it has been experience. To facilitate the admirer 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 determination 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 trammel the ratio decidendi [reas on of deciding] of a case as the material fa! cts of the case plus the decision thereon. See Determining the Ratio Decidendi of...If you take to get a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper