Get premium membership and access questions with answers, video lessons as well as revision papers.
a) Stare Decisis
This literally means let the decision stand.
The decisions made by the higher courts should be followed by the lower courts.
It forms part of the precedent.
b).Ratio Decidendi
This literally means giving reasons.
The judges normally give reasons for the judgments they make.
Reasons could be;
1. To curb or stop the spread of a crime.
2.To serve as an example to others.
3.That is what the law says.
It forms part of the precedent.
c. Obita Dicta.
Literally means by the way.
These are the by the way statements made by the judges in the course of judgement.
They do not form part of the precedent.
john Ochi answered the question on April 12, 2018 at 18:59
- Enumerate ways in which education act protects children in Kenya(Solved)
Enumerate ways in which education act protects children in Kenya.
Date posted: April 12, 2018. Answers (1)
- Outline the maxims of equity(Solved)
Outline the maxims of equity
Date posted: April 11, 2018. Answers (1)
- Describe the nature of section 37 and section 40 of EMCA in management of environment and conservation.(Solved)
Describe the nature of section 37 of EMCA(Environmental Management and Coordination Act) in management of environment and conservation.
Date posted: April 6, 2018. Answers (1)
- Outline three kinds of physical planning as recognized by the physical planning act.
(Solved)
Outline three kinds of physical planning as recognized by the physical planning act.
Date posted: April 6, 2018. Answers (1)
- Describe in not less than ten points the physical planning act that govern physical planning in Kenya's development.(Solved)
Describe in not less than ten points the physical planning act that govern physical planning in Kenya's development.
Date posted: April 6, 2018. Answers (1)
- What do you understand by EMCA, an initial used in law. State the year of enactment of the law.(Solved)
What do you understand by EMCA an initial used in law.
State the year of enactment of the law.
Date posted: April 6, 2018. Answers (1)
- Define negative externality and give a good example of such a condition as used in environmental law.(Solved)
Define negative externality and give a good example of such a condition as used in environmental law.
Date posted: April 6, 2018. Answers (1)
- Reasons for failure of government intervention and alternatives in management of natural resources.
(Solved)
Reasons for failure of government intervention and alternatives in management of natural resources.
Date posted: April 6, 2018. Answers (1)
- Disadvantages of emission standards as regulatory law in pollution.(Solved)
Disadvantages of emission standards as regulatory law in pollution.
Date posted: April 6, 2018. Answers (1)
- Advantages of pollution rights.(Solved)
Advantages of pollution rights.
Date posted: April 6, 2018. Answers (1)
- Outline the eight regulatory and incentive-based Policies used as mechanisms for pollution control in Kenya. (Solved)
Outline the eight regulatory and incentive-based Policies used as mechanisms for pollution control in Kenya.
Date posted: April 6, 2018. Answers (1)
- Briefly define the Kenya water act 2002 according to its provisions and mandate.(Solved)
Briefly define the Kenya water act 2002 according to its provisions and mandate.
Date posted: April 6, 2018. Answers (1)
- Outline and state the functions of eight water management institutions introduced by the Kenya water act 2002 in Kenya to govern water and sanitation.
(Solved)
Outline and state the functions of eight water management institutions introduced by the Kenya water act 2002 in Kenya to govern water and sanitation.
Date posted: April 6, 2018. Answers (1)
- Define an environmental offence.(Solved)
Define an environmental offence.
Date posted: April 6, 2018. Answers (1)
- State and explain the two types of civil enforcement applied as a result of commissioning of an environmental offence.(Solved)
State and explain the two types of civil enforcement applied as a result of commissioning of an environmental offence.
Date posted: April 6, 2018. Answers (1)
- Outline the six steps followed in a Criminal Law Process For Enforcement Of Environmental Offences. (Solved)
Outline the six steps followed in a Criminal Law Process For Enforcement Of Environmental Offences.
Date posted: April 6, 2018. Answers (1)
- List two types of enforcement actions taken when one commits an environmental offense.(Solved)
List two types of enforcement actions taken when one commits an environmental offense.
Date posted: April 6, 2018. Answers (1)
- Outline the three main conditions that may lead to one file civil judicial actions in a court.(Solved)
Outline the three main conditions that may lead to one file civil judicial actions in a court.
Date posted: April 6, 2018. Answers (1)
- Describe statutes on levying of taxes(Solved)
Describe statutes on levying of taxes.
Date posted: April 2, 2018. Answers (1)
- Principles of the British Constitution(Solved)
The Importance Of Each Constitutional Principle To The British Constitution(well elaborated essay).
Date posted: March 27, 2018. Answers (1)