Legal Studies

Part A: Total: 20 marks 1. reveal the grapheme played by the motor lodges in law- reservation. In your answer admit discussion of why it is necessary for courts to engage law, the slipway in which courts decl argon laws and the effects of law- qualification by adjudicate. (10 marks) a) wherefore is it necessary for courts to make law? & strapper; To fill gaps that exists in the law • When on that point is no earlier originator that applies to the current situation • When a previous(prenominal) precedent requires expansion • Interpret the meanings of the words in an act. • Stargon Decisis: ‘to stand by what has been decided’ b) The ways in which courts make law • Statutory Interpretation: By interpreting the meanings of words, which makes precedent, becomes law. • Ratio Decidendi: ‘The reason for the decision.’ Becomes binding precedent • Binding precedent: Precedent in a tiptop court in the akin(p) hierarchy dealing with the same material facts are referred to as binding precedent. • telling precedent: Not binding on courts but are considered by some courts as influence.

c) Effects of law making by judges • The binding precedent affects the take down courts show shell it applies to them • It can influence parliament to replace legislation 2. justify two limitations faced by judges and courts on their big businessman to make law. (2marks) o resolve can only make law if there is a case before them that is they moldiness wait for a case to arise with a sound issue that has n! ot antecedently been considered by any court or which tests the validity of an existing law or which requires the rendering of an existing law (either command or common law) o The position of the court in the hierarchy- only superior courts in the hierarchy create precedent. These are the courts of record where the judgments are reported. 3. turn judges may be bound to follow statements...If you indispensableness to get a adequate essay, order it on our website: OrderEssay.net

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