Judicial practice is formed from the decisions of the courts in certain cases. It is recorded in various collections and is an additional source of law in countries with the Romano-Germanic legal system. In other words, judicial practice is the experience and knowledge accumulated by specialists in the field of law.
Instructions
Step 1
Judicial practice in Russia has a complex structure and corresponds to one or another law enforcement sphere of human activity. An important role is played by the section of civil law, which collects decisions of the courts of the Russian Federation on various labor and housing disputes. Decisions of organizations and enterprises on the protection of consumer rights are considered. Contains information about cases related to pension and tax legislation. No less important in judicial practice are proceedings related to administrative violations in the field of road traffic, protection of state borders; data is collected on all criminal trials.
Step 2
Each litigation within the framework of drawing up a legal framework is considered in several stages. Initially, a preliminary analysis of the documentation on the proceedings is carried out, explanations are analyzed regarding the prospects for the development of the case and the resolution of the dispute, the actions of the participants in various instances are recorded.
Step 3
During the process, the possibility of applying a particular legal act to the case is considered, and the expediency of using a similar precedent that previously took place in judicial practice is taken into account. If application is possible, the court will take into account all the collected data and will base its decision on the collected documentation when making a verdict.
Step 4
The use of judicial practice is optional, and when considering each case separately, the court must establish the appropriateness of its application. Otherwise, in the first place, exclusively legislative norms are used, and references to certain precedents in this case become impossible and will be exclusively advisory in nature.
