Judicial Precedent Flashcards

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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

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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

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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

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