Eliot Mashiter
37 Accrington Road
Whalley
Clitheroe
BB7 9TD
P6 Unit 23
Dear Benjamin and Saira,
After reviewing your incident with the cockroach inside one of your cakes, it is highly
likely that your case will be heard within court due to the seriousness of it. I will now
explain some key law definitions such as the term precedent, how it is applied in court
and how it may benefit you and increase your chances of being successful within your
case.
The term precedent is given to where judges will follow earlier decisions in previous
cases, when looking at new cases. It is based upon judgements which are given
individually, for Court of Appeal, where will be 3 judgements. These judgements are
made by individual judges who are unelected people within law. However, you may also
hear the term precedent be referred to as case law or common law.
When describing how precedent works, there are two main Latin terms that must be
used. These are Ratio Decident and Obiter Dictar. The term Ratio Decident simply
means "Reasons for deciding". In addition to this, Ratio Decident plays a key role when
coming to a final decision, this is due to that that Ratio Decident is the legal reason of a
case. Ratio Decident is used by other judges for decision making in future. However this
can only occur, if the case in which they are hearing is similar to a previous case. In
addition to Ratio Decident, there is also Obiter Dicta. This Latin term simply means
"Other things said by the way". These are other comments and opinions in the judge
makes during the case which are very general and not entirely important.
A clear and well known case of precedent would be the R v Dudley and Stephens case in
1984. This is where three men and a cabin boy were shipwrecked on their journey from
England to Australia and had no food. On the brink of starvation the three men drew lots
to decide which member should murder the cabin boy in order to eat him and ultimately
stay alive. However, a few days later a rescue ship from England found and took them
back to the UK, however all three men were charged with murder even though the men
all felt it was necessary to kill the boy so they could survive. There were three main
reasons for why these men were found guilty. They were: 1) It is wrong to kill 2) A
person shouldn't give their life for others and finally 3) A person does not have the right
to chose who dies. If there was ever to be a case similar to this one in the future, then
judges would use this as a precedent to help the judge come to a conclusion.
37 Accrington Road
Whalley
Clitheroe
BB7 9TD
P6 Unit 23
Dear Benjamin and Saira,
After reviewing your incident with the cockroach inside one of your cakes, it is highly
likely that your case will be heard within court due to the seriousness of it. I will now
explain some key law definitions such as the term precedent, how it is applied in court
and how it may benefit you and increase your chances of being successful within your
case.
The term precedent is given to where judges will follow earlier decisions in previous
cases, when looking at new cases. It is based upon judgements which are given
individually, for Court of Appeal, where will be 3 judgements. These judgements are
made by individual judges who are unelected people within law. However, you may also
hear the term precedent be referred to as case law or common law.
When describing how precedent works, there are two main Latin terms that must be
used. These are Ratio Decident and Obiter Dictar. The term Ratio Decident simply
means "Reasons for deciding". In addition to this, Ratio Decident plays a key role when
coming to a final decision, this is due to that that Ratio Decident is the legal reason of a
case. Ratio Decident is used by other judges for decision making in future. However this
can only occur, if the case in which they are hearing is similar to a previous case. In
addition to Ratio Decident, there is also Obiter Dicta. This Latin term simply means
"Other things said by the way". These are other comments and opinions in the judge
makes during the case which are very general and not entirely important.
A clear and well known case of precedent would be the R v Dudley and Stephens case in
1984. This is where three men and a cabin boy were shipwrecked on their journey from
England to Australia and had no food. On the brink of starvation the three men drew lots
to decide which member should murder the cabin boy in order to eat him and ultimately
stay alive. However, a few days later a rescue ship from England found and took them
back to the UK, however all three men were charged with murder even though the men
all felt it was necessary to kill the boy so they could survive. There were three main
reasons for why these men were found guilty. They were: 1) It is wrong to kill 2) A
person shouldn't give their life for others and finally 3) A person does not have the right
to chose who dies. If there was ever to be a case similar to this one in the future, then
judges would use this as a precedent to help the judge come to a conclusion.
