Legal Method and System (Law)

LEGAL METHOD AND
SYSTEM (LAW)

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Doctrine of precedent...................................................................................................................3
Application of ratio decidendi on the legal problem...................................................................4
Sources of English law.................................................................................................................6
Principle of statutory interpretation.............................................................................................7
Civil or criminal law....................................................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES................................................................................................................................1

INTRODUCTION
Legal system is referred to as an effective process which helps in enforcing rights and
responsibilities in legal and ethical manner1. Wales and England tends to operate a common legal
system which is useful in enforcing the law within the country. The major legal system mainly
consist of common law, civil law and religious law. Doctrine of precedent provides consistent
decision making within the particular law and also helps in ensuring fairness. Ratio decidendi is
referred to as the key facts of the case upon which no individual can debate. This study will
highlight on precedents and statutory interpretation. This report will highlight on the English
legal system, Doctrine of precedent, etc. This report also applies ratio decidendi on the legal
problem and also focus on application of rules associated with the statutory interpretation in
relation to provide solution for legal problem. It also helps in examining why the different rules
of the court of appeal and supreme court is considered to be necessary.
MAIN BODY
Doctrine of precedent.
Doctrine of precedent in accordance with English legal system helps in referring to the
legal decision which has been made by the judges in the high court. The decision is made by the
equal or lower court in the future2. Cases which tends to have similar facts are likely to be bound
with the past decisions. It is considered to be as the fundamental principle associated with the
English law. It is considered to be as the form of decision making and reasoning in any case law.
Any principle which has been announced by the high court are followed in the later cases. Judges
are required to obey the precedents which has been established at the time of prior decision
making. The legal principle is referred to as “Stare decsis” in accordance with the Latin name.
Adherence to the precedents helps in achieving two key objects associated with the legal order
which mainly comprise of maintaining a system of stable laws which in turn is considered to be
very useful in complying with the degree of security associated with the individual rights. The
1
Orakhelashvili, Alexander
2 Bankowski, Zenon, Neil MacCormick, and Geoffrey Marshall

second object is to ensure that, the law is developing in accordance with the changing perception
of the society and community3.
3
Gehring, Thomas, Christian Dorsch, and Thomas Dörfler