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'Why might precedent cause problems for the development of the law?'
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| Submitted: Mon Feb 09 2004
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Rob Nelson 12-3 Law essay Mr.Ion 7.2.04 'Why might precedent cause problems for the development of the law?' Precedent is a key aspect of our law system in this country. It is essential for precedent to be used in a case. In this essay, I will discuss the potential problems precedent could cause for the development of the law. Firstly it is important to establish what precedent actually is. "Stare decesis et non quieta movere" = Stand by what has been decided and do not unsettle the established. This means a decision made in one case is binding on all following cases of similar fact in the lower courts. There are three main principles involved: Ratio Decidendi, which is the reasoning behind the judges' decision. This is the binding element of a case. There needs to be a reliable system of law reporting. There are thousands of cases every day...
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