Thursday, November 21, 2019

Questions in law Essay Example | Topics and Well Written Essays - 750 words - 1

Questions in law - Essay Example The magistrate courts are the basic legal structure in the courts hierarchy. Magistrate courts handle immediate cases such as crime and low valued civil cases. County courts are next in line after the magistrate courts and they handle complicated cases. Cases that cannot be handled in county courts are referred to the crown courts. The High Court deals with criminal cases that cannot be handled at lower courts. The court of appeal handles appeals for cases passed by the High Court or other lower courts. The Supreme Court is the highest court in the English legal system and it handles cases that involve the state (Best, 2007, p. 132). Ratio decidendi is a Latin term applied in courts to imply the basis of a decision. These are principles used by judges to make decisions in a court ruling. In addition, ratio decidendi create a binding precedent. Such precedent binds inferior courts to decision-making principle applied in a superior court. On the other hand, Obiter dicta is a Latin word meaning â€Å"other things said†. Obiter dicta provide principles for decision making in a law court. Unlike ratio decidendi, obiter dicta does not have a binding precedent. Overruling involves declaring pervious case ruling incorrect and terminating their application in current courts case. However, overruling does not have an effect on the previous court decisions. On the other hand, revising involves revisiting a previous court decisions. Revising takes place at the court of appeal and it can overturn a court ruling. Distinguishing is the process whereby a court analyzes the facts and principles of a binding precedent to establish their applicability in a current case. Distinguishing is applied to avoid mistakes and inconveniences committed at earlier rulings. Under section 2(a) of the contract Act 1950, an offer indicates the willingness of a person or a party to do or abstain from doing something. On the other hand, an invitation involves making a proposal for an

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