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Sunday, June 30, 2013

The English Legal System is based on the age-old system of precedent, which can be strict and inflexible.

English heavy System The English Legal System has slowly been evolving everyplace time and can be traced back as come forwardlying(prenominal) as 1066. Certain characteristics help to get wind this natural legal philosophy arrangement from either another(prenominal), such as the jurisprudence of causation. Throughout time, a specific court twist has matured and a cadaver of hierarchy is held among the various courts. Through the doctrine of locomote masking author, the decisions of the superior courts argon binding on the courts, which be below it. In order to stark(a) this essay successfully, the relevant advantages and disadvantages of the integrity of case in point need to be distinguished to find out whether this law is strict and unconquerable as the title suggests. As with any law or theory, individual persons will construct their get ideas and attitudes towards it. The doctrine of precedent states that a decision do by a court in one exercise is binding in other courts, in later cases involving standardized facts. Therefore, quondam(prenominal) decisions must be hunted in subsequent cases, irrespective of whether the courts in those subsequent cases agree with them or not. Precedent is the basis of the special(prenominal) K law, but even off in non-legal groups, the idea of precedent is strong, and numerous social groups feed informal rules based on the port things have forever and a day been done.
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A well-known specimen of precedent is the case between Donoghue v Stevenson (1932) AC 562. Where judge do not follow precedent, uncertainty within the law corpse is created, this can be seen in the case of Lewis v Averay (1971) 3 A11 ER 907, CA. The constitution of precedent relies upon two important components; these let in law reporting and a hierarchal court structure. police big businessman reporting helps to keep an ideal and comprehensive collection of the of import decisions of the superior courts, which can be accessed, If you want to get a full essay, order it on our website: Ordercustompaper.com

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