Judicial Precedent

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NATIONAL UNIVERSITY «ODESSA LAW ACADEMY»
Department of International Law and International Relations

TERM PAPER
In Legal Philosophy on topic: «Judicial Precedent»

By the 1st year student of the 1st group
Of the Faculty of International Legal Relations

Supervisor:
Prof.
National scale ___________
Number of points ______ Assessment ECTS _______
Commission members:
___________ _______________________
___________ _______________________
___________ _______________________

ODESSA
2014
THEME:
Judicial Precedent
PLAN

INTRODUCTION …………………………………..…………………………… 3CHAPTER 1. Judicial Precedent: generals 1.1. Definition of judicial precedent ………………………………….…... 51.2. The doctrine of stare decisis ……..………………………….……..… 61.3. Ratio decidendi and Obiter dictum …..………………………….....… 7CHAPTER 2. Types of precedent2.1. Verticality ……………………………………………………………. 102.2. Horizontality ………………………………………………………… 112.3. Binding precedent …………………………………………….……... 122.4. Persuasive precedent ………………………………………………… 15 CHAPTER 3. Avoiding precedent 3.1. Distinguishing …………………..……………………………………. 19 3.2. Overruling ……………………………………………………………. 19 3.3. Reversing ……………………………………………………………... 20 3.4. Per incuriam…………………………………………………………… 20 CONCLUSION …………………………………………………………………... 22LITERATURE …………………………………………………………………... 25 |

INTRODUCTION

At the present stage of development of Ukraine in the framework of the democratic process, there are the emergence of new social and economic relations, the foundations of civil society and the rule of law, the implementation of judicial and legal reform, taking measures to strengthen the fight against crime, strengthening law and order, eradication of legal nihilism.
In the implementation of these tasks, their embodiment in life significant role belongs to the judiciary. It is well known that the law do…...

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