UNIT 4 - COMMON LAW (2015)Apunte Español
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LAW. UNIT 4
Around 80 countries in the world.
Main source of law: Decision made by judges.
Judge-made-law —> Developed through binding precedent or “stare decisis” (let the decision stand).
-Doctrine of the precedent —> Decision made by a court in one case is binding on the other courts in later cases involving similar facts.
*Treating similar cases in like manner contributes to the maintenance of uniformity within the law.
Most authoritative decisions = Those of the higher courts.
BASIC RULES OF THE DOCTRINE OF PRECEDENT.
1-All courts are bound to follow previous decisions of courts with higher hierarchy in cases which are similar to those previously decided cases.
2-The binding nature of a precedent applies to all future cases which have like facts.
-When the court is faced with 2 conflicting decisions of its own, it may choose which one to follow.
-The court is not bound to follow one of its own precious decisions which is inconsistent with the later.
When 2 cases are ever exactly alike? In law, every case has 2 aspects: 1-The particular dispute itself —> Factual situation which the court must resolve with reference to legal rules.
2-The precise legal issue —> What matters is the legal principle involved and not followed.
In practice, a judge may depart from a particular precedent: -Decision of a lower court -Distinguishing facts —> The case in hand is different in some “material” aspects.