Judicial Precedent Flashcards
1
Q
Difference between Common Law and Legislation:
A
Common Law is law decided by court during previous cases and custom outcomes whereas Legislation are law(s) made by parliament
2
Q
What does the hierarchy of the courts state?
A
Every court is bound to follow any decision made by a court above it in the hierarchy. As well as this, in general, appellate courts are bound by their own past decisions
3
Q
What is Stare Decisis?
A
This requires the courts to follow their previous decisions ensuring consistency within the law and allowing people to make an educated guess based on similar past cases