English Legal System
The English Legal System has slowly been evolving everywhere time and can be traced back as outlying(prenominal) as 1066. Certain characteristics help to distinguish this natural law transcription from either other, such as the law of causation. Throughout time, a specific court structure has matured and a corpse of hierarchy is held between the different courts. Through the doctrine of ski masking author, the decisions of the superior courts are binding on the courts, which are below it.
In order to complete this essay successfully, the relevant advantages and disadvantages of the law of precedent need to be distinguished to find out whether this law is strict and inflexible as the title suggests. As with any law or theory, individual persons will have their get ideas and attitudes towards it.
The doctrine of precedent states that a decision made by a court in one case is binding in other courts, in later cases involving similar facts. Therefore, quondam(prenominal) decisions must be followed in subsequent cases, irrespective of whether the courts in those subsequent cases agree with them or not. Precedent is the basis of the special K law, but even in non-legal groups, the idea of precedent is strong, and numerous social groups apply informal rules based on the port things have always been done.
A well-known example of precedent is the case between Donoghue v Stevenson (1932) AC 562. Where judges 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 system of precedent relies upon two important components; these let in law reporting and a hierarchical court structure. police force reporting helps to keep an accurate and comprehensive collection of the of import decisions of the superior courts, which can be accessed,
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