Binding Precedents and the Doctrine of Judicial precedent
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- Опубліковано 10 вер 2024
- This video explains the doctrine of judicial precedent. The court's hierarchical structure is explained and the reasons why some precedents are binding and why some are persuasive are explained.
Nice Explanation and smile 👍🏻
Really informative. Thank you.
You are welcome!
Amazing video! Thank you Denise, you are lovely.
You are welcome, Jasmine. :)
This was really helpful thank you Denise! :)
@samuelcoppard6951 Thanks for the feedback. You are very welcome.
Great information! You said that the precedent “must” be followed. My question is what if a lower Court decides NOT to follow higher Court precedent and are there any examples of consequences in this type situation?
@wiltonsaunders7606 Thanks for the comment. I am glad the information is useful to you. There are methods that judges can use to justify not following a precedent. One of them is 'distinguishing'. Please have a look at the video linked below. It will explain how that works. As 'distinguishing' is acceptable in the system, there are no consequences for judges when they apply it. It's also good to bear in mind that if someone believes a judge has not followed a precedent in their case, they can appeal- if an appeal is possible. I hope this helps. ua-cam.com/video/Z-BMznH4pLM/v-deo.html
@@LawwithDenise 🙏 thank you. I watched the link and it was very helpful as based on the substance of both cases referenced I agree with the Court’s decision in determining that the two cases shared key difference in which the precedent rightly so should not have been allowed. I am a subscriber from The Bahamas and your information is helpful. Take care and again Thank You!
@wiltonsaunders7606 You are very welcome. Thanks for sharing your opinion and location. It is always great to know how the work is received by others and I love knowing where people are learning from. :) All the best to you!
Can I share my binding precedent case with you? I’ll like for you to analyze it and post it on your page. It’s quite interesting. Thanks!
Thanks for the message. i am happy to learn more about your case. However, I cannot guarantee that I will share an analysis of it on the channel. Please feel free to share the details here or by email.
Kind regards,
Denise.
Thank you, very clear
@antoinedelebecque1980 You are welcome. All the best.
Maam, my law professor mentioned that the doctrine of precedence however is not followed in the matters of criminal offences. She said that it is only used to strengthen the standing in the form of reference or verbatim but is not binding for the court to give a similar decision. Can u please explain?
@pratikshashukla2464 Thanks for this message. I would suggest asking your law professor to explain what she meant when she said what she said. My explanation of the doctrine of judicial precedent is in some videos on this channel. All the best.
Denise.