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Detailed Revision Notes on British Judicial Precedent
Introduction.
§ Judicial precedent means the use of decisions made by judges in the past as a source of law, where a similar case arises the past decision is used as a guideline.
§ It is also known as case law.
§ It is a major source of law both today and historically.
§ If law on a particular source of law is not found in legislation - law will be found through common law reasoning.
§ That is to say that if no Act of parliament or Dl to follow then judges look at the past decision of a similar case to find a solution to the case before them
§ The hierarchy of the courts is also important to know as the lower courts must follow the past decisions of the higher courts- also known as biding precedent.
Stare decisis.
§ Jp is known as stare decisis where judges extend and...
This section contains 862 words (approx. 3 pages at 300 words per page) |