Judicial precedent Essay Example | Topics and Well Written Essays - 1250 words

Judicial precedent - Essay Example â€Å"Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis. In practice stare decisis means, inferior courts are bound to apply the legal principles set down by the superior courts in earlier cases (Tufal, p.1). The words stare decisis means standing by previous decisions. In other words, once a verdict has given by an upper court in a particular case, that verdict should be applied to all future cases of similar nature. It should be noted that only the verdicts given by the upper courts will come under judicial precedent. The verdicts or judgement of previous cases often considered seriously by the courts before making the final verdicts in the existing cases. Advocates often remind the courts about the verdicts of previous cases of they feel such verdicts help them in one way or another in the existing cases. It i s a common practice that lower courts will never try to change the verdicts of upper courts. So, lower courts will always try to follow the judgement of upper courts if the cases handled by them are similar in nature. There are two types of precedent existing; binding and persuasive. The reasons for reaching a particular judgement are often included in the final judgement. The judge will explain which factors forced him to arrive at the final verdict. â€Å"The reasons which are necessary for them to reach their decision amount to the ratio decidendi of the case. The ratio decidendi forms the legal principle which is a binding precedent meaning it must be followed in future cases containing the same material facts† (Judicial Precedent). The terms ratio decidendi means reason for decision. In short, binding precedent is mandatory while lower courts take decisions. On the other hand, persuasive precedence is not so. In persuasive precedence, Judges can decide whether they shoul d follow or not follow past verdicts. It should be noted that a judgement includes, many binding and not binding elements. All the binding elements should be followed in future cases whereas other elements need not be followed later. Thus, binding precedence is compulsory whereas persuasive precedence is not compulsory for the lower courts while taking decisions. Judicial precedence helps judges in deciding; Are the cases, for instance: (a) sufficiently similar that the decision of case (1) should be applied in case (2)?; or (b) sufficiently different that the decision of case (1) should not be applied (never mind be considered binding) in case (2)?; or (c) are the factual differences of minimal significance so that case (1) is likely to be applied to case (2)?; or (d) are the facts different, but the principle underlying the decisions in the cases similar? This can be a difficult one. Here you need to be sure what was the principle that was established in the past case: does the re asoning— the ‘why?’—in the past case apply to the second even though the facts differ? In some instances this may even involve using one case in, say, shipping law, to answer a question about the liability of a fairground company to a local authority in the law of contract (The Doctrine of Judicial Precedent, p.155) Judicial precedence helps courts in many ways. It should be no

Story from the bible Essay Example | Topics and Well Written Essays - 1000 words

Story from the bible - Essay Example Judith is introduced in chapter eight as a wealthy widow woman of the city called Bethulia. Her husband died perhaps of heat stroke while he was overseeing a harvest and left her with all of his belongings. She is described as being very pious and wise and has the respect of the elders of the town. When they think they have no choice but to give up, she assures them she will do something about the invading general Holofernes, who is camped in the next valley. By Chapter 11, she has dressed herself in a way that is seductive but also very wealthy and classy so that she can get the attention of Holofernes, which is successful. She spends several nights praying for the right time for Holofernes to attack while he plans how he’s going to have her physically. Chapter 13 is the most exciting chapter of the story as it is here that she beheads Holofernes as he is passed out drunk and then passes out of his camp with his head in a bag unharmed because of the way she had arranged her s tay there. Although she is mentioned as late as the last chapter of the book, Chapter 16, her story is really finished by Chapter 14 after she tells her countrymen what to do with the head and how to frighten the rest of the Assyrians away. This story of Judith is central to the book’s meaning as it is her actions that attempt to teach the process of making oneself the instrument of God. The book has undergone a great deal of scrutiny in terms of its authorship and dating. The Women’s Bible Commentary points out that the book was mentioned in 1 Clement in the first century, so it had to have been written prior to that time. Others, such as the New Jerome Biblical Commentary have discovered references in the writings of Clement of Alexandria, Origen and Tertullian. The HarperCollins Bible Commentary suggests that the book is post-exilic and probably