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The doctrine of precedent states; ‘Stare decesis et non quieta movere’ Implying that a decision made in one case is binding on all following cases of similar facts in lower
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The doctrine of precedent states; 'Stare decesis et non quieta movere' Implying that a decision made in one case is binding on all following cases of similar facts in lower courts. Common law is based on precedent; a popular example of precedent is the Donoghue v Stevenson1 case. In contrast to this, uncertainty within the law system was created in the Lewis v Averay2 case, as judges did not follow precedent. It can be defined as; 'as the rule that a judge is not merely referred to earlier decisions of the courts for guidance; he is bound to apply the rule of law contained in those decisions'3 To operate a doctrine of precedent, the legal system requires three elements; 1. Law reporting and a 2. Hierarchical court structure 3. Binding elements; ratio decidendi and obiter dicta Accurate and comprehensive collections of the main decisions of superior courts are substantiated through methods of law reporting. These law...
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