Law 3101A/B Study Guide - Quiz Guide: Lex Specialis, Legal Doctrine, Obiter Dictum

• School: Western University
• Department: Law
• Course: Law 3101A/B
• Professor: Mysty Sybil Clapton

Document Summary

Create rules as regulations binding member states, inside member states. Have legislative bodies that are competent to make rules. Legal rules that deal with legal relations over national border. Deal with international relations case law: - cases influence future decisions, function as precedents. Civil law: - source of origin(judges cant make new law by deciding on cases) Precedents do not bind courts, judicial decision depends on statutory law. Influence of earlier decision depend on: 1. if justice treats cases alike (more because of rationality) 2. legal certainty (in regard to the content of law) To give different decision in future case would create uncertainty (cow example) Common law: - stare decisis (stand by your decision) Source of origin + source of validity (s. of validity- precedents) Reasoning by analogising precedents (courts are legally bound by earlier decisions of other courts. + decisions of higher courts to apply to similar cases) Ratio decendi - judges are bound by their own decision.