Several philosophers and authors defined the law precedent in distinct contexts. Some, like Salmond, say precedent is the law-making procedure by recognising the new norms by the court in the justice administration.
While according to Gray, precedent involves everything said or done, which embellishes a law for succeeding practices. Covering all of these definitions in your project file might create confusion. To overcome this, the students often search for law assignment help through various resources such as books, websites, etc.
The precise meaning of precedent is something that has already occurred before. A precedent law statement is meant to be obeyed by the court and the junior courts. Judicial precedents, when considered with organization, the embodied theory becomes binding for further cases, thus becoming a law. It is necessary to note how precedents work as an important law source.
What are the various kinds of precedents?
- Original precedent makes and applies a new valid rule. An original precedent applies the current law or creates a new law to the case when there is no previous legal decision on the point of law.
- Persuasive precedent has no accurate binding, but it's highly appreciable. The decision of a single high court has no bond with the other court, as they have equal power, but it must be extremely considered.
- Declarative precedent is simply the application of a keep going law rule. In the case of declarative precedent, the rule is applied since it is already a law.
- Authoritative precedent is classified into two types. The students are guided to explain all the types and classifications of precedents in their assignment. If you need guidance for the same, you can look for law assignment writing help services such as India Assignment Help for special assistance and support.
- Absolute authority- The judges must follow the absolute authority even if they do not agree. They are supposed to imply compliance.
- Conditional authoritative precedents have conditional jurisdiction, and the court can disobey them under a few situations. These are binding, but under special conditions, they can be disregarded.
What are the merits and demerits of Judicial precedents?
- Flexibility- Precedents carry the flexibility in judicial decisions. The rules set by the Supreme Court on a basic subject remain in action until the Superior Court does not overrule them. According to the changed situations, they form the law and thus have the flexibility to the law.
- Save the courts' time- The judicial precedents give huge viability, decreasing the efforts of judges and lawyers. Formerly, the difficulty regarding a few specific causes is solved, then it is not necessary to re-discuss the same topic further, so it helps to save the court’s time.
- Consistency and predictability- The lawyers, become more efficient to aid the clients about the specific subject topic after observing the judicial precedents prevailing in this field. It ensures that every case will be judged equally and decided like past decisions. It builds consistency and predictability to rely upon it.
The students can read the merits mentioned above significantly in detail on websites such as SCC Online. You can visit the website to get detailed law assignment help through examples. However, listed below are some of the demerits of judicial precedents.
- Rigid- The practice of judicial precedents conducts inflexibility to the system because the conclusion of higher courts binds the lower courts. Society is not stable, and there is a difference in social, economic, and other situations with time. Different states may need a changed interpretation of the law.
- Complexity- There are several case laws. As a result, it increases complexity. The judge issues their thinking on the matter, creating more precedents. Decisions are very broad, and it becomes a load for the lawyers and judges working on a similar topic to decide what is applicable. It is tedious to check similar case law on a particular case.
How can I find good websites for obtaining law assignment writing help?
There are various types and classifications of law, such as criminal, media, family, employment, property, etc. The students are expected to submit their assignments based on any specific law type with complete explanations. If you make an assignment based on employment law, you’re expected to represent thorough information about the section and type.
Employment law comprises the relationship between workers, trade unions, and the government. If you find any issue explaining the same, you can take employment law assignment help through India Assignment Help as the experts provide guided session mentoring sessions, and assignment samples to assist the students in the best possible way at an affordable cost.
