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

Rights and duties justice and fairness, please explain these topic to me in...

please explain these topic to me in detail as soon as possible so that i can make my assignment accordingly

Powers of the attorney general, Powers of the Attorney General Whereas...

Powers of the Attorney General Whereas under sec 26(3) the Attorney General is empowered for as; Undertake and Institute criminal proceedings against any person b

What is a contract?, QUESTION The Web has made it extremely attractive ...

QUESTION The Web has made it extremely attractive to conduct commercial activities online. Companies such as Amazon.com and eBay are e-commerce powerhouses that sell all sorts

The three regimes of law of the sea, The three regimes:- i. Right over ...

The three regimes:- i. Right over Territorial Waters: The right over territorial waters extends up to 12 nautical miles (NM) from the baseline of a coastal state. Territorial w

Vacation of office - company management, Vacation of Office: In additi...

Vacation of Office: In addition to vacating office under the aforesaid provisions of Article 88 a person may cease to be a director for various reasons like as;-

Explain about the codified systems, Explain about the codified systems. ...

Explain about the codified systems. Codified (civil law) systems: It is a rule based approach to law making and it is designed to give a comprehensive code of laws for th

Harm both companies'' reputations, Part of the client's contract clearly st...

Part of the client's contract clearly states that negative publicity will not be tolerated on any actions connected to the temp agency. You know that this situation can harm both c

Shares issued at a premium, Shares Issued At A Premium: A company may ...

Shares Issued At A Premium: A company may at times issue its shares at a price above their nominal value, i.e at a premium. This may be necessitated by the fact that the compa

Paralegal, Is there a demand for paralegals in the blackbelt area of alabam...

Is there a demand for paralegals in the blackbelt area of alabama

Explain the concept of salomon principle, Question 1: (a) Explain the c...

Question 1: (a) Explain the concept of Salomon Principle and critically analyse its importance in company Law. (b) Discuss why and in what circumstances the court will pierc

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