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

Functions of attorney general, Functions of Attorney general W...

Functions of Attorney general Whereas under sec 26(2) the Attorney General is the principal legal adviser for government of US And whereas he occupies a ministeria

International law is a law or not, Q. International law is a law or not? ...

Q. International law is a law or not? It is debatable whether international law is a law or not. Law is defined as rules established by a governing authority to institute and m

Loans - void contracts, Loans - Void Contracts However all loans made ...

Loans - Void Contracts However all loans made for an infant are void and irrevocable.  Since in Leslie Ltd. v. Sheill the infant defendant had obtained two advances of two hun

Explain the united nations convention on the law of the sea, United Nations...

United Nations Convention on the Law of the Sea The rights over the sea were extended by the United Nations Convention on the Law of the Sea (UNCLOS) adopted in 1982. The UNCLO

Mode of alteration, Mode of Alteration:  The alteration of capital may...

Mode of Alteration:  The alteration of capital may be made by - 1) Increasing the company's share capital by new shares of such amount as the resolution prescribes; or 2

State article 22 of air and outer space law, State Article 22 of air and ou...

State Article 22 of air and outer space law Article  22  states  that  all  the  States  should  prevent  unnecessary  delays  to  aircraft,  crews, passengers and  cargo,  esp

Describe remedies available for a case of judicial review, Question 1: ...

Question 1: (a) What is meant by: (i) Ratio Decidendi (ii) Obiter Dicta (iii) Legal Doctrine (b) Distinguish between Criminal Law and Civil Law.

Find the murderer, Your first big case is a multiple murder. As defense att...

Your first big case is a multiple murder. As defense attorney for SyKopath, you have come to the realization that he really did break into a couple's home and torture and kill them

Ethical decision making project, This activity brings together the ethical ...

This activity brings together the ethical issues, concepts, and statutes presented in your readings, lectures, and discussed in your chat sessions. You will select two (2) scenario

Manner of transfer of bills, Manner of Transfer of Bills One of the ch...

Manner of Transfer of Bills One of the characteristics of bills of exchange is such whereas  A gives B a bill accepted through X in settlement of his debt, since this same ins

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