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Judicial Precedent - Basic Information (Common law (case law) (law made by…
Judicial Precedent - Basic Information
Common law (case law)
law made by judges
began to be developed in the 12th century
the judge's decisions were written down and then applied to other cases where the facts were similar
cases were judged by common standards and so became known as "common law"
law is still being applied and developed by courts today
The Doctrine of Judicial Precedent
precedent is the idea of sticking with what has happened before
the concept of following previous decisions made in the courts - case law
leads to clarity and consistency in the law
based on the principle of stare decisis
stare decisis = to stand by what has been decided
Things required for Judicial Precedent to work
settled court structure
ratio decidendi
accurate court records
Doctrine of the Separation of Powers
the idea that the powers of the judiciary, executive and legislature should be separate from one another and not crossover
governement
makes policy
legislature
makes law
judiciary
applies law