LAWS 2908 Lecture Notes - Lecture 4: Thoroughbred Horse Racing, Ratio Decidendi, Precedent
18 Feb 2017
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Precedent is the system of disciplining decisions, defining the law, and developing the law. Doctrine of stare decisis: to stand by decisions and not disturb settled matters (parkes) E. g. law that medical practitioners cannot have relations with their patients what if they are spouses/partners. Tensions in following precedents that have been incorrectly decided or are just incorrect b/c they are outdated. Provincial appeal courts bind lower courts in province: not bound by their own decisions but will convene full panels to review. Provincial appeal courts don"t bind appeal courts in other provinces. Decisions of superior trial courts bind provincial courts: don"t bind at same level unless compelling reasons superior trial courts in a province bind lower courts (provincial courts) Decisions from other provinces may be persuasive. Provincial courts not binding authority on anyone. Administrative tribunals not binding authority; entitled to some factual deference as expert tribunals. The common law has systems to navigate in relation to earlier cases .
