Classification of precedent, Business Law and Ethics

Assignment Help:

Classification of Precedent

So as a precedent may also be classified as like;

  1. An original precedent whether it is one that creates and applies a new legal rule; or other
  2. A declaratory precedent whether it is one that such does not create a new legal rule but merely applies such an existing legal principle.

However latter organization is a technical one that does not fall within Hale's definition of a "declaratory precedent".  By Hale is said "the decisions of the courts of justice as in England do not make a law properly so-called, just such that only the King and Parliament can do; so yet they have a great weight and authority in, declaring and expounding and publishing what the law is".

Here Salmond conversely contends that as "both at law and in equity, conversely the declaratory theory as formulated by Hale must be totally rejected whether we are to attain to any sound analysis and explanation of such true operation of judicial decisions.  Moreover we must admit openly such precedents make law as well as declare it and hence we must have admit further such this effect is not merely accidental and indirect then the result of judicial error in interpretation and the authoritative declaration of the law.  Further doubtless judges have many times altered the law whereas endeavouring in good faith to declare it. 

Although we must recognise a distinct law-creating the power vested in them and openly and lawfully exercised. Therefore original precedents are such outcome of the intentional exercise through the courts of their privilege of developing and maintain the law on the same time such they administer it".


Related Discussions:- Classification of precedent

Describe five major types of employee rights, QUESTION 1 What are the i...

QUESTION 1 What are the individual and situational factors that influence ethical decision making in the workplace QUESTION 2 (a) How is unemployment socially distribut

International court of justice of united nations, Discuss about the Interna...

Discuss about the International Court of Justice as the organisation of United Nations. The International Court of Justice (ICJ): Its major functions are to settle legal

Recent trends in phoenix activity, It was noted by stakeholders that phoeni...

It was noted by stakeholders that phoenix activity has evolved significantly over the past decade. First, the ATO noted that they are seeing significantly less 'asset stripping' of

A contract comprises od reciprocal promises, Question 1 A contract compris...

Question 1 A contract comprises od reciprocal promises. In the contract of sale who is an unpaid seller? Describe the remedies for breach of contract under Sale of Goods Act, 1930

Analyse the major changes brought to industrial relations, Question 1: ...

Question 1: Critically analyse the major changes brought to Industrial Relations by the Employment Relations Act 2008? Question 2: Write short notes on the followings:

Advantages of alternative dispute resolution, Question 1: (a) Elaborat...

Question 1: (a) Elaborate on the sources of Law in Mauritius. (b) Explain what you understand by the following legal terms: (i) Obiter Dictum

Explain the basic criticism of the stages framework, Explain the basic crit...

Explain the basic criticism of the stages framework The basic criticism of the stages framework is that it, in a formal sense, parallels the cognitive steps of the rational ap

Remuneration - powers of managing director, Remuneration:             ...

Remuneration:             Article 108 provides that "a managing director shall receive such remuneration (whether by way of salary plus commission or may participation in earn

Complaints made against the auditors, Complaints made against the auditors:...

Complaints made against the auditors: These are the most simple principles that such have to be applied to cases of this description. I protest, however, against the notion

Business entity, Sole proprietorship, partnership and company

Sole proprietorship, partnership and company

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd