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

Illustrate the doctrine of judicial precedent, Illustrate the doctrine of j...

Illustrate the doctrine of judicial precedent? The doctrine of judicial precedent It states that higher court decision are binding on lower courts and like a result it i

Types and classification of law, Types and Classification of Law: Rule...

Types and Classification of Law: Rules of law may be classified as like;: For Written For National and International For Public and Private For Substantive

Explain ensuring good corporate governance, QUESTION 1 What measures do...

QUESTION 1 What measures do you consider important in ensuring good corporate governance? Explain why QUESTION 2 Explain the nature of the relationship among a bank and

Find out the tort, 1. Chuck walked into a room. As a joke, Matt stuck his l...

1. Chuck walked into a room. As a joke, Matt stuck his leg out so that Chuck would trip Chuck tripped and in so doing, dropped the bottle of soda he was carrying. In the

What are the stages in policy process, What are the Stages in Policy Proces...

What are the Stages in Policy Process The traditional textbook approach to the study of public policy separates policy making into its component steps and analyzes each in turn.

Explain the law of treaties, LAW OF TREATIES Treaties are an important ...

LAW OF TREATIES Treaties are an important and major source of international law. It is a convenient way by which the States deliberately  enter into agreements with other State

Qualification shares, Qualification Shares: S.183(1) provides that it ...

Qualification Shares: S.183(1) provides that it shall be the duty of every director who is by the articles of the company required to hold a specified qualification, and who i

Legal status - promotion, Legal Status:  A promoter is not an agent o...

Legal Status:  A promoter is not an agent of the company he promotes.  However, the English courts have held that he stands in a fiduciary relationship to the company he promo

Impact of phoenix activity on employ superannuation, Q. Impact of phoenix a...

Q. Impact of phoenix activity on employ superannuation? Employees experience a range of impacts other than lost wages, entitlements and superannuation from phoenix activity. Fi

Role and Functions of Law, Discuss the roles of law and courts in today''s ...

Discuss the roles of law and courts in today''s business environment. •Compare and contrast the federal court structure with your Florida''s court structure. •Discuss the concept

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