Special problems you need to know

1. General similarity - similar to and similar

“ A binding precedent is only created when the facts of the second case are sufficiently similar to the original case…”

Remember that similar to and similar have the same meaning, but similar to is used between the two nouns compared, and similar is used after the two nouns or a plural noun,

(a) This coat is similar to that one.

(b) This coat and that one are similar.

(c) These coat are similar.

Exercise 1. In the following sentences correct all mistakes in using “similar to” and “similar”

a. I would really like to have a stereo that is similar the one on display.

b. My roommate’s values and mine are similar to in spite of our being from different countries.

c. Cliff’s glasses are similar like yours, but his cost a lot less.

d. That joke is similar as a joke that I heard.

e. All of the other departments are similar this one.

2. Too and enough

“The doctrine as applied in the English Legal System is too rigid”.

Note: “Too” has a negative sense. ”Enough” has positive sense. “Too” comes in front of a noun or an adjective + infinitive. “Enough”, also with infinitive, comes in front of a noun and after an adjective or adverb,

1. It’s very cold; we can’t go out.

It’s too cold (for us) to go out.

2. I’m very tired; I can sleep all night.

I’m tired enough to sleep all night.

Exercise 2. Re-word the following using “too” or “enough”

a. The student was very clever, and could solve any mathematical problem.

b. I’m so excited that I can’t think.

c. The coffee is so hot that I can’t drink it.

d. This room is so small that we can’t all get in.

e. The battery is strong, and should last forty-eight hours.

f. This problem is so difficult that I can’t explain it.

g. You’re quite old and you can ask her yourself.

h. The accident was so terrible we can’t talk about it.

i. She is quite old and she ought to know better.

j. My girl-friend Maisie is so tall that I can’t kiss her without standing on a chair.

k. They were so empty-headed they couldn’t learn a single thing.

l. She was very foolish and she believed everything I told her.

m. The policeman could not run very fast, and so was unable to catch the burglar.

Comprehension check

Exercise 1. Answer the following questions.

1. What is meant by “judicial precedent”?

2. What is the English system of precedent based on?

3. What is the position of the House of Lords about its own past decisions?

4. What is the position of the Court of Appeal both as to House of Lords’ decisions and as to its own past decisions?

5. What is the doctrine of precedent?

6. When is a past decision binding?

7. What sources does persuasive precedent come from?

8. What are the problems of overruling a past decision?

9. What is the need for the Practice Statement?

10. What are advantages of precedent?

11. What are disadvantages of precedent?

Exercise 2. Explain and expend the following statements.

1. Whether a court is bound to follow a previous decision depends to a very large extent on which court gave the previous decision.

2. The Latin maxim stare decisis (stand by decisions of past cases) is the basis of the doctrine of precedent.

3. Where a judge considers the material facts of the present case are sufficiently different from an earlier case, he is distinguishing the case and may refuse to follow the earlier decision.

DISCUSS

1. Judicial precedent is a very important topic in sources of law.

2. The major role that precedent has in creating law today.

CONTENTS

Unit 1 Laws in old England……………………………………………………2