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Precedent

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Precedent- Model Answer The system of precedent is based on the Latin maxim 'stare decisis et non quieta movere' which mean to stand by previous decisions and not to unsettle the established. This then translates into the simple principle that when a ruling is made in relation to particular case, if the facts of a later cases are similar, the principle of the previous case should again be used. The reasoning for the doctrine of precedent is to ensure uniformity, consistency and certainty thus guarantying justice for all. Lord Justice Parke in Mirehouse v Rennell stated that 'we[judges] must apply those rules where they are not plainly unreasonable and inconvenient to all cases which arise'. There are three types of Precedent within English law, the first of which is Original Precedent. An example of this would be DPP v Smith. The attack in question had been unprecedented thus allowing the Queen's Bench...

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