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Words: | Submitted: Mon Oct 04 2004
... Unfortunately,Judges do not actually separate their judgements into two categories, and it is up to the person reading the case to determine what the ratio is. In some cases, this may seem a difficult task as it is more complicated to appellate cases where judges may deliver their own lengthy judgments, with no clear single ratio. As seen in the case Carlil V Carbolic Smoke Ball Co Ltd (1892),where the three Lord Justices of the Appeal who gave judgment all decided in favour of Mrs Carlil, but they used slightly different reasoning. Therefore, the process of distilling "the reason" for the decision of the courts is quite a delicate "art". When the courts were called on to decide similar cases to decisions that they had reviewed earlier and if one was found to have covered the earlier decisions,the judges applied the principle of the earlier decision.They called this doctrine "Stare Decisis",a ...
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