The Anglo-American common-law tradition is built on the doctrine of Stare Decisis ("stand by decided matters")‚ which directs a court to look to past decisions for guidance on how to decide a case before it. This means that the legal rules applied to a prior case with facts similar to those of the case now before a court should be applied to resolve the legal dispute. The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon
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Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree‚ there are precedents for
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INTELLECTUAL PROPERTY LAW IIT KHARAGPUR 15 August 2011 Table of Contents INTRODUCTION 1 WHAT IS MEANT BY A PRECEDENT? 2 TYPES OF PRECEDENTS 2 Original precedent 2 Authoritative or Binding precedent 2 Persuasive precedent 3 THE DOCTRINE OF STARE DECISIS? 3 HOW RELEVANT IS THE IDEA OF JUDICIAL PRECEDENTS? 6 WHAT IS THE BINDING ELEMENT OF A CASE? 7 WHY SHOULD WE FOLLOW PRECEDENTS IN DECIDING CASES? 7 CIRCUMSTANCES WEAKENING AND STRENGTHENING THE AUTHORITY OF A PRECEDENT 9 ADVANTAGES AND DISADVANTAGES
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The doctrine of judicial precedent has been at the heart of the English legal system being a form of certainty for judges to follow long standing precedent which in fact‚ only slowly evolved and nurtured. Judicial precedent refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. However‚ there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been
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applies the doctrine of stare decisis in the case where the members of AOL that got their information mistakenly made public are filing a suit again AOL then the court would not dismiss the suit. AOL is arguing that its forum-selection member agreement states that Virginia courts are the place where member’s disputes will be tried. However‚ according to the Supreme Court a forum-selection is basically irrelevant if it contravenes with a strong public policy. Stare decisis means that the court must
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is a decision of the court used as a source for future decision making. This is known as stare decisis and by which precedents are authoritative and binding and must be followed. Doctrine of precedent or stare decisis‚ this item is from the latin phrase “stare decisis et non quieta movere”‚ means to stand by decisions and not disturb that which is settled. The doctrine of binding precedent based on stare decisis‚ that is standing by previous decisions. Once a point of law has been decided in a particular
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previous decisions. One important and distinctive element of the English law is that the reasoning and decisions found in preceding cases were not simply considered as a guide. They could be considered binding on later courts. This is known as stare decisis (let the decision stand). This means that when a court makes a decision in a case‚ then any court which are of equal or lower status to that court must follow the previous decision if the case before them is similar to that of the earlier case
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and then determine whether those same factors are present in the case you’re now considering. 2. What is legal reasoning? The applying of the legal rules to a client’s specific factual situation 3. What is the doctrine of stare decisis‚ and why is it important? Stare decisis mean that if a court has decided one way on a particular issue in the past‚ in all likelihood it and other courts in the same jurisdiction will decide the same way on that issue in future cases given and similar set of facts
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Binding Precedent The English Legal System is hierarchical whereby the decision of a higher court binds lower courts. The doctrine of binding precedent‚ stare decisis‚ (stand by things decided) is at the core of the legal system. The Superior Court is at the top of the legal pyramid and its decisions bind all lower courts‚ except on civil cases involving European law where the European Court of Justice is the court of last resort. Below the Superior Court‚ we have the Court of Appeal‚ and it is
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Judicial Precedent Judicial precedent means the decisions of the higher courts automatically binds the lower courts according to the hierarchy of the courts. This refers to the doctrine of stare decisis. For example‚ the Supreme Court decision binds the Court of Appeal‚ Divisional Courts‚ High Court and County Court. Ratio decidendi is the principle of the case or reasons for the decision and it is binding. In London Street Tramways v. London County Council‚ it said that certainty in the
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