Tip 1: What is the legal precedent

Jurisprudence

Tip 1: What is the legal precedent

Legal research of domestic lawyers becamemore to analyze the concept of legal precedent and its significance in the legal system. The growing interest in this issue is explained by the desire of Russian lawyers to identify and outline ways and means of empowering the judiciary.

Instructions

As a source of law, precedent exists with the ancientstimes. Initially, precedents were oral statements or decisions of magistrates. They were mandatory in making a decision of similar cases only for the magistrates who accepted them, during the entire term of their office.

The legal precedent was widely used in alltime. Today it is the most important source of law in the legal systems of Great Britain, Australia, USA, Canada and many other countries. In Russia before the revolution, the significance of the legal precedent was ambiguous. Some legal figures recognized the precedent as a form of law, although as an addition to the basic law, others denied the importance of the precedent as an independent source of law.

In a number of countries, among the legal forms, the most importantoccupies a legal precedent. Originated in the time of the slave system, the precedent is an action or a solution to a problem that, in the future, under similar conditions, is viewed as a model. Thus, case law is a judicial or administrative verdict on a specific legal process, which is subject to generally binding legal significance.

The legal precedent is always the most similar tothe actual situation, since it is based on specific cases and incidents. There are quite a few instances that can create a precedent. As a legal source, the precedent is characterized by flexibility and contradictions, which are caused by the fact that normative acts issued by the same authority are sometimes contradictory. Therefore, it is not surprising that the verdicts of different judicial colleges for similar cases have significant differences. This determines the flexibility of the legal precedent as a legal source.

Often, applying the law, the court does not find a legalnorms for the decision of a particular case. Based on this, the court can not refuse to consider this dispute, therefore, based on the general principles of this or that legal system, the court can establish a new norm. Either by correctly interpreting a similar effective norm and linking it to the case under consideration, to base its decision on - so new rules are created that are applied in practice by other courts, acquiring significant force and the status of a legal precedent.

Council 2: The Anglo-Saxon legal system, its history and some features

The Anglo-Saxon legal system represents thea set of legal norms that are typical for the United States, Britain and other territories, once united in the British Empire. The history and peculiarities of this system make it possible to understand its influence on the development of these countries.

History

Former colonies of the British Empire adopted uniformlegal norms that have merged into the Anglo-Saxon legal system. Today, according to the principles that were formulated in English law, almost a third of the world population lives. This legal system dates back to the Middle Ages, during the Norman conquest of England. At that time, laws were created by kings and other persons belonging to the royal dynasty. Courts held in the capital of the conquered country had a royal status, the old orders were replaced by the Normans. That is why the decisions that were made in these courts had a legal force that no one could challenge. Thus, when considering an instance of a king's judge, decisions were taken, in the course of which they were guided by their own rules. Often they used customs that did not have a legal part. The decisions reached other judges, who had to follow the same rules. Hence the precedent that sets the precedent for other similar cases that helps solve many matters. After the decline of the feudal economic system, and the bourgeoisie and cities began to grow rapidly, another kind of law entered history. Its essence lies in the fact that the Chancellor of the King decided disputes, which were previously decided only by the monarch. This legislative authority became known as the law of justice.

Features

The peculiarity of the Anglo-Saxon legal systemlies in the fact that the legislative norms consist of many precedents. In addition, to this day, the basis of the legal system of the society of Great Britain is legislation, which is developed on the basis of judicial decisions. This distinguishes it from the continental law, since the norms are elastic and not so monolithic. One can not fail to note the fact that the legal system of England has never known the multivolume codes that are so characteristic of the rest of Europe. All courts in the country are united by one jurisdiction, therefore the same court has the right to examine cases from criminal, administrative, civil law and so on. The hierarchy of such a legislative arrangement occurs only between precedents, the binding nature of which depends only on the level of the court approving it. The Supreme binding and appellate courts, as well as the House of Lords, have the highest binding force.