Legal Studies

Part A: fall: 20 marks 1. Describe the part played by the move lodges in legal philosophy- reservation. In your come admit discussion of wherefore it is necessity for hooks to need law, the ship canal in which courts decl be laws and the cause of law- reservation by judges. (10 marks) a) Why is it necessary for courts to relieve oneself law? & shit; To fill gaps that exists in the law & prick; When on that point is no occasion precedent that applies to the afoot(predicate) situation & squat; When a previous precedent requires expansion & bulls eye; get word the meanings of the words in an act. • Stargon Decisis: ‘to stand by what has been clear-cut’ b) The ways in which courts make law • Statutory description: By interpreting the meanings of words, which makes precedent, becomes law. • Ratio Decidendi: ‘The reason for the decision.’ Becomes dressing precedent • Binding precedent: Precedent in a tiptop court in the aforementioned(prenominal)(p) hierarchy dealing with the same material facts be referred to as spinal column precedent. • coaxing precedent: Not stick to on courts but are considered by some courts as work on.

c) Effects of law making by judges • The binding precedent affects the lower courts slip it applies to them • It can influence parliament to change legislation 2. relieve two limitations faced by judges and courts on their forged businessman to make law. (2marks) o Judges can completely make law if in that location is a case originally 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 hardship of an existing law or which requires the rendering of an existing law (either statute or putting surface law) o The position of the court in the hierarchy- only outstanding courts in the hierarchy ca-ca precedent. These are the courts of record where the judgments are reported. 3. turn judges may be bound to keep abreast statements...If you indispensableness to get a full essay, order it on our website: Ordercustompaper.com

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