English Law Research Assignment Paper: Legal Advice (Essay Sample)

Legal Advice
Name:
Institution:
The doctrine of precedent is defined as one of the principles which take place in the underpinning of the common law. It is a word from Latin which is used to mean that there has to be a standby what has been decided. Thus, nations that depend on these rules state that the judges require following the rulings and also the determinations of judges who are in high courts. In this process, the judges will decide the case based on the previous examples especially when the situation has similar facts and issues for discussion. Research states that the doctrine of precedent evolved in the medieval England period and it was at a time when the law was being generated and formed. In this process, judges were in need of achieving greater consistency and also standardization in the process. The appointment of the judges during that time was contrary to the understanding of the law but the focus was on the social status of the judges which led to their appointment. The judges were just required to have rational and consistent decisions.
An important point to note is that the judicial precedent has a concern with achieving the influence and value of the past decisions that have taken place when handling the law. There is a need for the hierarchy of courts to take place so that there can be a proper operation in the law (Hudson, 2016). The authority of the courts allows for the judges to stand by what they have decided allowing cases to be treated alike, promoting consistency and fairness (Pikēs, 2017). In operation and function of the English Common Law system, there is a need to understand the importance and advantages of the English Common Law system. Thus the judicial precedent has different benefits that can be generated and discussed in this presentation.
Judicial precedent provides certainty to the law which is an advantage to discuss in this segment. In this benefit, the discussion is that there will be more meaningful advice that is given in the legal profession which are helpful advice and which will focus on the law to the clients. In providing certainty to the law, there is a discussion on the merits of the case that are presented to the client, and also the advice regarding the outcome can be presented in the discussion (Reinsch, 2010). The advantage arises when the certainty of the law is presented in that the issues of costs when dealing with cases which have to be involved will be raised and discussed in details before proceeding with the case. The clients have adequate information and understanding of relevant cases which will allow them to balance the choices and chances that they have. In this essence, starting a proceeding will be in the hands of the client but ending these proceedings due to costs and chances involved will be in the hands of another party.[The doctrine of precedent is defined as one of the principles which take place in the underpinning of the common law The doctrine of precedent has the help of the questions that deal with predictability when the judicial precedent which is rigid is followed]
The doctrine of precedent has the help of the questions that deal with predictability when the judicial precedent which is rigid is followed. In the end, there will be consistency in handling legal issues and cases with a high chance of getting fairness when cases which are similar are decided on or handled. Fairness which is promoted is an important principle as it causes credibility and transparency in the justice system which is to ensure that all cases brought before the judge are handled with fairness and victims receive justice in the case. If there were a law that handles the rich or the poor, then I would be difficult to achieve fairness but hat would be highlighted would be the case of inequalities across the principles
Statutory Interpretation
In the English Common Law system, the rules of statutory interpretation are a process that allows on how the judges will be governed and how they conduct themselves in the legal systems. Thus, judges will be allowed to read the different languages in law interpreting the ordinances and available regulations. There are first rules that are involved in the statutory interpretation which states that the law should be read and when reading it there should be a plain meaning right at the first start. Understanding should be from the plain meaning, but when the plain meaning results in confusions, vagueness, and ambiguity, rules of statutory interpretation will be called upon to clarify the meaning of the law. There are different assumptions which are made when it comes to the interpretation and discussion of the statutory interpretation (Reinsch, 2010). For example, it is stated that the legislature in whatever he or she said, meant exactly what was said in the legislation process. In this essence, rules of the statutory interpretation assume that the legislature intended to insert all the words that were involved in writing the law. It translates to the statement that there are no words in the law explanations that are meaningless and superfluous. Another reason is that the words that are used should be of the same kind. In this explanation, what is understood is that any word that is used and appears to be an ambiguous word should be given proper precise meanings which will promote and make sure that there is a fitting with other words that are around the stated process and laws. Consider the following example, when the statute makes a prohibition on people from taking part in carrying weapons such as pistols, derringers, and revolvers, there should be a definition of the word dangerous weapons. The definition of the word dangerous weapon will mean weapons that are placed on the list.[Statutory interpretation generates various advantages such as the promotion of a strict rule. In this essence, there is a reminder that the parliament will be responsible for the making of the law and as a role of the parliamentThe second advantage of statutory interpretation is the golden rule where the judges will select the most absurd words that they can use and change.It also promotes purposive action and approach]
Statutory interpretation generates various advantages such as the promotion of a strict rule. In this essence, there is a reminder that the parliament will be responsible for the making of the law and as a role of the parliament, the process is highly highlighted (Hudson, 2016). In this case, the parliament will be composed of Members of Parliament who are elected and the public will have more jurisdiction over the laws that will be passed. The public will make a role of alerting the parliament when there is a need to make a change to the law.
The second advantage of statutory interpretation is the golden rule where the judges will select the most absurd words that they can use and change. In the golden rule advantage, there is an elaboration that there is a sign of respect on the rules of the parliament and when strict rules from the parliament provide challenges, the golden rule will make it easy for them to avoid these segments (Hudson, 2016). The results that will arise from statutory interpretation will be results that have a reflection on the intentions of the parliament without any d...