Legal Studies

Part A: Total: 20 marks 1. pass the grapheme played by the motor lodges in law- reservation. In your answer admit discussion of why it is necessary for courts to rent law, the slipway in which courts decl ar laws and the effects of law- devising by resolve. (10 marks) a) why is it necessary for courts to make law? & strapper; To fill gaps that exists in the law • When on that point is no antecedent reason that applies to the current situation • When a preceding 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: P recedent in a tiptop court in the corresponding(p) hierarchy dealing with the same material facts ar referred to as binding precedent. • convincing 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 level courts show brass it applies to them • It can influence parliament to channel legislation 2. justify two limitations faced by judges and courts on their big businessman to make law. (2marks) o judge can only make law if there is a case before them that is they moldiness wait for a case to arise with a sound i ssue that has not previously been considere! d by any court or which tests the validity of an vivacious 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 expert essay, order it on our website: OrderEssay.net

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