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unit 23 English legal system assignment 2
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Second English legal system assignment to a distinction standard.
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THE LEGISLATIVE PROCESS ANDTHE IMPACT OF THE
EUROPEAN UNION ON ENGLISH
LAW
Louie Palmer
U00056968
,Introduction
In this report I will be discussing the impact the European Union has on English.
I will also use real case examples to help me determine the impact the
European Union has.
, Judicial precedent
What is meant by the term judicial precedent is that judgments made in
previous cases can then go on to have an influence on judgments of similar
cases. This system can also be called ‘stare decisis’, this is a Latin term that
means ‘let the decision stand’. These judgments are made by judges and they
are made on the overall judgment (not just one aspect such as sentencing) on
how the law is applied to a particular case.
Judicial precedent is an effective system because ever since medieval times,
there has been a system of law reporting. This means decisions in cases are
documented. Although at first documentation could be unreliable, in 1865 the
Incorporated Council of Law Reporting was established, and they helped make
documentation far more reliable. This then gives the Judges clear material to
base their judicial precedent off.
Binding means that is a case is similar to a decided case which was tried in a
higher court, ratio decidendi is used as the precedent. Ratio decidendi is Latin
for ‘the reason for the decision’. This is then the precedent that other Judges
follow.
Persuasive precedent is a precedent that Judges can decide whether to follow
or not. These types of precedents can come from cases in a lower court,
decisions made in other commonwealth countries, dissenting judgments
(superior Judges who disagreed with the majority judgment) and Obiter dicta.
Obiter dicta is remarks made about the judgment, but do not give reason for
the decision.
Distinguishing is when the Judge makes a decision regarding if a precedent is
binding, persuasive or appropriate. This means if a precedent is not similar
enough to the case, it does not need to be followed.
Overruling is when a decision made in a lower court can be overruled by a
higher court. This is done of the basis that a rule of law used in the case was
not appropriate because the law was misunderstood. This will therefore
change the precedent in present and future cases, but not past ones.
Reversing precedent is when a case that is appealed in a higher court and the
decision that was made in a lower court is therefore removed.
Donoghue v Stevenson (1932) established a binding precedent. This was that a
manufacturer owed a duty of care to the consumer of the product. This is
because Mrs. Donoghue discovered a decomposed snail in her bottle of ginger
beer. This then established the precedent that the manufacturer should have a
duty of care for their consumers.
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