Judicial Precedents Essay Example | Topics and Well Written Essays - 1250 words

Judicial Precedents - Essay Example However, this is not binding on cases of Federal Courts, or by Courts of other States or country. The principle of stare decisis can be split into two parts. The first is the rule that a decision made by a higher court is a binding precedent, which a lower court cannot overrule. The second dictum is that a court should not upset its own precedents unless there is valid reason to do so. This needs to be motivated by principles from similar and lower courts. Under English legal system, judges are not justified to make their own decisions about the development, or interpretations of law. They may, or may not be held by a ruling made in a previous case. Two facts are important in finding out whether a precedent is binding: One of the main disadvantages of the use of precedents is that there is no mental exercise on the part of judiciary and it may not do the best brand of justice that could be rendered in a specific case. When a jury takes a decision based on previous case ruling, it has not exercised its own discretionary and discriminative powers, and, in a way has just copied its predecessor by way of issue of legal judgment. Whether there are sufficient reasons to believe that both the cases are similar for a common ruling is another matter, to be tried by the Court of Appeal or any other competent legal body. Precedent has a very important role in the common law. It ensures firmness, uniformity, logical sequence and expansion of the law. At the same time, it can be rigid and complex - what is "the law" on a subject may be very difficult to find or to state as it is often spread across many cases with varying degrees of intricacies. The law is also easier to find and state and is rationally prospective rather than based on the chance event of litigation, which may give rise to laws based on extreme or unusual situations, or erratically argued cases. Precedent is dependent upon written record of cases: Precede means that the judges have to place before consideration before granting verdict, the full accounts of the case history and other relating matters to the subject. Therefore, it could be argued that, in the absence of such matters and documents, the order of precedent may not be established. The second dictum is that a court should not upset its own precedents therefore, records are a sine quo non, which must be present to enforce legal pronouncements. Necessary documentary evidence may be needed before precedents could be established. Before the concept of precedent lays down previous similar decision, it

The Mexican Revolution and the Middle Class Research Paper

The Mexican Revolution and the Middle Class - Research Paper Example The Mexican revolution remains one of the most important revolutions that took place in Latin America. It is marked with political celebrations in Mexico, and this is because it is an important political event. The most important players during this revolution were the middle class. The middle class played a great role in ensuring that the revolutionaries won the war, against President Diaz. These people provided money and soldiers for purposes of advancing the agenda of the revolutionaries. The army was under General Carranza, and it engaged the government in urban centers. The middle-class army also provided support to the armies of General Pancho Villa in the North, and General Zapata in the South.This support was essential in breaking the various sieges that the government army had laid against these two Generals. By concentrating in urban areas, the government’s army was also limited on how it could advance its troops for purposes of quelling the rebellion in the rural ar eas of Mexico. Furthermore, after the rebellion, it is the Middle Class who took over power and began initiating a sequence of policies aimed at changing promoting good governance in Mexico. Immediately after the end of this revolution, President Obregon took over the leadership of Mexico and introduced a series of changes aimed at making Mexico a democratic state.People who argue against the recognition of these revolutions denote that they are bloody and violent, and hence they lead to the loss of lives.