Judicial Precedent

Introduction N igerian jurisprudenceful system is one of the legal systems based on common law of nature. Under the common law system, the courts do not just decide dispute brought in the first place them, before they do that they have to check to see if such dispute has been settled before i.e. object lesson law. If there is, the give court de incision consider the quality of the court that gave that introductory ending. The court whitethorn then follow it or refuse it depending on the pecking order of the court that decided that earlier flake. The antecedent case been followed is called discriminative Precedents and if the court is bound to follow it we prescribe that the case in point is binding. The dogma that stipulates that binding precedents must be followed is called blemish decisis. This feature of cosmos bound by past precedent is one of the distinguishing elements amongst Common righteousness Jurisdiction and Civil Law Jurisdiction. This is not to say that civil law jurisdictions do not recover the Judicial Precedent for this is common to all create systems. (See pulpit on Jurisprudence 1976 page 164) But the belief of stargon decisis is what is lacking in Civil Law jurisdictions. The strength and witness of common law is that it is built upon the concrete examples of case law rather than hypothetical models as the civil law does.

It is in view of this that the American jurist Oliver Wendell Holmes once said that the whole tone of law has not been logic; it has been experience. To facilitate the indecorum of this discourse, it will be ap posite to explaining the meaning of some phr! ases which ar inherently linked to the topic under discussion. 1. RATIO DECIDENDI The purpose of a court may fall into two part: the reason for the decision and that which is said by the way. The ratio decidendi of a case is the principle of law on which the decision is based. Goodhart predicate the ratio decidendi [reason of deciding] of a case as the material facts of the case plus the decision thereon. See Determining the Ratio Decidendi of...If you lift out to get a full essay, order it on our website: OrderCustomPaper.com

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