LAWS 2908 Lecture Notes - Lecture 4: Case Citation, Law Reports, Law Report
20 Apr 2016
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Precedent: the system of disciplining decisions, defining the law and developing the law. Precedent follows the concept of stare decisis: to stand by decisions and not disturb settled matters . Like cases to be decided alike on the point decided (ratio decidendi) Does not mean cases have to be identical cases (on all fours on facts) Does mean in principle" and scape of decision, general applicability bounded by material facts. It decides how a case will be decided. Precedent is a system of disciplining and deciding the law. Supreme court of canada: the highest court in the land is the supreme court; its rulings apply to all and there is no appeals from it. The ssc is not bound by its own decisions (but only departs for compelling reasons) Provincial appeal courts: bind lower courts in a province. It is not bound by their own decisions but will convene full panels to review.
