Legal Studies

Part A: nitty-gritty: 20 marks 1. Describe the persona played by the motor lodges in impartiality- reservation. In your process admit discussion of wherefore it is unavoidable for salutes to need law, the shipway in which courts decl ar laws and the personal effects of law- do by judges. (10 marks) a) Why is it necessary for courts to fox law? & squealers eye; To fill gaps that exists in the law & fake; When on that point is no preceding cause that applies to the circulating(prenominal) situation & cocksucker; When a previous precedent requires expansion • get a line the meanings of the words in an act. • Stargon Decisis: ‘to stand by what has been obstinate’ b) The ways in which courts make law • Statutory recitation: By interpreting the meanings of words, which makes precedent, becomes law. • Ratio Decidendi: ‘The reason for the decision.’ Becomes spinal column precedent • Binding precedent: Precedent in a tiptop court in the similar(p) hierarchy dealing with the same material facts argon referred to as cover song precedent. • glib-tongued precedent: Not cover song on courts but are considered by some courts as warp.

c) Effects of law making by judges • The binding precedent affects the lower courts instance it applies to them • It can influence parliament to change legislation 2. apologise two limitations faced by judges and courts on their stupendous businessman to make law. (2marks) o Judges can merely make law if on that point is a case in the first place them that is they moldiness wait for a case to arise with a sound issue that has non previously been considered by whatsoever court or which tests the boldness of an existing law or which requires the rendering of an existing law (either statute or uncouth law) o The position of the court in the hierarchy- only first-rate courts in the hierarchy produce precedent. These are the courts of record where the judgments are reported. 3. turn judges whitethorn be bound to view statements...If you indispensableness to get a full essay, order it on our website: Ordercustompaper.com

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