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The Judicature Acts 1873-1875 created a judicial hierarchy which was completed when the House of Lords became the court of final appeal under the Appellate Jurisdiction Act 1876. The modern doctrine of binding force of judicial precedents became important only when there were good legal relationships and a consolidated judicial hierarchy. Often, an important case may be reported (published) in more than a number of legislative reports. For example: In addition to the binding precedent discussed above, there are also compelling precedents from a high court in another jurisdiction. Compelling precedents are often invoked when there are no similar cases in a jurisdiction. In new areas of law such as virtual property and IVF, a compelling precedent may be the only precedent available. Judges may recommend decisions for report, but this decision is usually made by the drafters of the various sets of legal reports. This means that cases of particular interest may be overlooked, while cases that add nothing new but give the impression of broad coverage may be included. How to find cases considering a legal act Reasoning can show exactly which points were submitted to the court and which cases and documents were cited in support of those points. This is a feature that greatly increases the value of the report for future readers.

It can also help determine whether a particular issue was before the courts, for example when it comes to claiming that a particular decision was taken „per incuriam“ (i.e. without reference to a critical authority). The first three words or phrases identify the object with increasing specificity according to a taxonomic structure. The first (for example, „crime“ or „landlord and tenant“) gives a very general indication of the nature of the case. The second (e.g., „theft“ or „forfeiture of lease“) reduces it somewhat, and the third (e.g., „dishonest appropriation“ or „exemption from forfeiture“) identifies its purpose even more precisely. These three levels of specificity are reflected in the hierarchical headings of the Index section of the ICLR consolidated indexes, where cases are listed according to their subject and therefore it is possible to find similar cases in one place (a valuable search tool). The most important and important element of a full-text legislative report is the judgment(s) rendered in the case. The version used in the report is based on an authorized transcript approved by the court as an accurate record. However, it is then subjected to a number of machining processes. First, the journalist examines all references and citations from other cases, manuals, laws and other documents published in the judgment. The wording of the judgment is aligned with the ICLR`s „house style“ in terms of dates, certain types of accepted abbreviations, quotations, etc. The accuracy and consistency of non-cash references such as data, monetary amounts, etc.

shall be checked. Where the name of the rapporteur is given in full, it shall be supplemented by the word `barrister `or `solicitor`; but for ICLR journalists, who have been formally appointed to report on certain tribunals, and whose names and qualifications are listed at the beginning of the published volume, only their initials are indicated on the report itself. In each jurisdiction, a series of legislative reports has the formal approval of the judiciary. This is the report on the authorized law. However, not all cases are published in a legal opinion. Another useful database for case research in the UK is Westlaw UK. Although authoritative legal reports are available via the ICLR database, Westlaw UK is also useful for finding case information in ICLR Law Reports, including a summary. Additional information provided here may include a summary of the claims or grounds for appeal of the plaintiff`s opinion or the case cited by a lower court in an appeal for each case.

Source: „The ICLR guide to reportability“ (website) www.iclr.co.uk/knowledge/guides/the-iclr-guide-to-reportability/. But not all the cases mentioned in a judgment will have been subject to such special treatment, and it is therefore useful to have a list of all the cases mentioned, as well as their main references to the report and – for 21st century judgments – their neutral quotations. Hearing dates are an optional but obviously useful addition. (For example, they could help indicate that a case was heard by the court before a material judgment in another case that, if known, could have influenced the reasoning or verdict.) A guiding principle is a summary that appears at the beginning of a full-text report and summarizes as accurately as possible the legal principle established by the case. An effective search of UK case law requires the use of ICLR and WestlawUK databases. Start by searching the LRI database. This will ensure that you can find all the authorized versions of the jurisdiction you are looking for.

2022-12-10T06:02:28+01:0010. Dezember 2022|Allgemein|
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