Judicial Precedents.

In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases." In other words precedent can be defined as "an already decided decision which furnishes the basis for later cases involving similar facts and issues."

In law, a binding precedent is a precedent which must be followed by all lower courts under common law legal systems. Persuasive precedent is precedent or other legal writing that is related to the case at hand but is not a binding precedent on the court under common law legal systems such as English law

In Russia, the case is not officially a source of law, although in practice the decisions of higher courts are often taken into account when resolving disputes. The role of precedent in a sense do Plenum of the Supreme and Supreme Arbitration Courts on certain issues of law enforcement. However, in recent years in the Russian legal science conducted heated discussions on the subject that the right of judicial precedent would be an independent source of law in Russia. The necessity of judicial precedent is motivated by the responsibility of the higher judiciary in ensuring the uniformity of judicial practice

10. Conflict of laws (or private international law) is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute. The rules typically apply when a legal dispute has a "foreign" element such as a contract agreed to by parties located in different countries

The term conflict of laws itself originates from situations where the ultimate outcome of a legal dispute depended upon which law applied, and the common law courts manner of resolving the conflict between those laws. In civil law lawyers and legal scholars refer to conflict of laws as private international law.

The three branches of conflict of laws are

• Jurisdiction – whether the forum court has the power to resolve the dispute at hand

• Choice of law – the law which is being applied to resolve the dispute

• Foreign judgments – the ability to recognize and enforce a judgment from an external forum within the jurisdiction of the adjudicating forum

Vertical conflict- the higher one shall be applied. Horizontal conflict- a specific legal act shall be applied.

Branches of law

Substantive law and adjectival lawis the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.

• Substantive law

• Procedural law

Criminal lawis the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey these laws

• Criminal law (penal law)

• Criminal procedure

Civil lawis the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim.

• Civil law (common law)

• Common law

• Civil rights

• Family law

• Civil procedure

Administrative laws the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda.

• Administrative law

• Code of Federal Regulations

Date: 2015-12-24; view: 953