Penny Arkwright practices in the Hi

Penny Arkwright practices in the High Court. She is speaking at an international convention for young lawyers.

‘The legal system in many countries, including Australia, Canada (except Quebec), Ghana, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Louisiana), the Bahamas, and Zambia, is based on common law. The common law consists of the substantive law and procedural rules that are created by the judicial decisions made in the courts. Although legislation may override such decisions, the legislation itself is subject to interpretation and refinement in the courts.

Essential to the common law is the hierarchy of the courts in all of the UK jurisdictions and the principle of binding precedent. In practice, this means that the decision of a higher court is binding on a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They’ll also consider decisions made in a lower court, although they’re not bound to follow them. However, a rule set by a court of greater or equal status must be applied if it’s to the point – relevant or pertinent.

During a trial, counsel will cite cases and either attempt to distinguish the case at trial from those referred to or, alternatively, argue that the rule at law reasoned and established in a previous case is applicable and should be followed. Hence the term case law. A case will inevitably involve many facts and issues of evidence. The eventual decision itself doesn’t actually set the precedent. The precedent is the rule of law which the first instance judge relied on in determining the case’s outcome.

Judges in a case may make other statements of law. Whilst not constituting binding precedents, these may be considered in subsequent cases and may be cited as persuasive authority, if appropriate. Since the Human Rights Act of 1988, all courts in the United Kingdom must now refer to the ultimate authority of the European Court of Human Rights, including all previous decisions made by that court.’

Результаты (английский) 1:

Penny Arkwright practices in the High Court. She is speaking at an international convention for young lawyers. ' The legal system in many countries, including Australia, Canada (except Quebec), Ghana, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Louisiana), the Bahamas, and Zambia, is based on common law. The common law consists of the substantive law and procedural rules that are created by the judicial decisions made in the courts. Although legislation may override such decisions, the legislation itself is subject to interpretation and refinement in the courts. Essential to the common law is the hierarchy of the courts in all of the UK jurisdictions and the principle of binding precedent. In practice, this means that the decision of a higher court is binding on a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They'll also consider decisions made in a lower court, although they're not bound to follow them. However, a rule set by a court of greater or equal status must be applied if it's to the point is relevant or pertinent. During a trial, counsel will cite cases and either attempt to distinguish the case at trial from those referred to or, alternatively, argue that the rule at law reasoned and established in a previous case is applicable and should be followed. Hence the term case law. A case will inevitably involve many facts and issues of evidence. The eventual decision itself doesn't actually set the precedent. The precedent is the rule of law which the first instance judge relied on in determining the case's outcome. Judges in a case may make other statements of law. Whilst not constituting binding precedents, these may be considered in the cases suggested and may be cited as persuasive authority, if appropriate. Since the Human Rights Act of 1988, all courts in the United Kingdom must now refer to the ultimate authority of the European Court of Human Rights, including all previous decisions made by that court. '

Результаты (английский) 2:

Penny Arkwright practices in the High Court. She is speaking at an international convention for young lawyers. 'The legal system in many countries, including Australia, Canada (except Quebec), Ghana, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Louisiana You will), the Bahamas, and Zambia, is based on common law. The common law consists of the substantive law and procedural rules that are created by the judicial decisions made ​​in the courts. Legislation may override Although such decisions, the legislation itself is subject to interpretation and refinement in the courts. Essential to the common law is the hierarchy of the courts in all jurisdictions of the UK and the principle of binding precedent. In practice, this means that the decision of a higher court is binding on a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They'll also consider decisions made ​​in a lower court, although they're not bound to follow them. However, a rule set by a court of greater or equal status must be applied if it's to the point - relevant or pertinent. During a trial, counsel will cite cases and either attempt to distinguish the case at trial from those referred to or, alternatively , argue that the rule at law reasoned and established in a previous case is applicable and should be followed. Hence the term case law. A case will inevitably involve many facts and issues of evidence. The eventual decision itself does not actually set the precedent. The precedent is The rule of law which the first instance judge relied on in determining the case's outcome. Judges in a case may make other statements of law. Whilst not constituting binding precedents, these may be considered in subsequent cases and may be cited as persuasive authority, if appropriate. Since the Human Rights Act of 1988, all courts in the United Kingdom must now refer to the ultimate authority of the European Court of Human Rights, including all previous decisions made ​​by that court. '

Результаты (английский) 3:

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