CRIM 135 Lecture Notes - Lecture 2: Precedent, Golden Rule
Document Summary
Topic #2 legal reasoning: legal reasoning and case law: the doctrines of precedent and stare. Look for similarity of relevant or material facts: the concept of stare decisis, the operation of stare decisis: binding authority vs. Decision from a higher court in same jurisdiction and lower court must follow it (a) binding authority (b) persuasive authority (i) nature of the other jurisdiction. Precedent came from a lower court or different jurisdiction, judge may follow the precedent if needed. Other canadian jurisdictions: british jurisdictions then usa 3. Jurisdictions* (must be highly developed democracies i. e. , australia/ Higher the court more persuasive: issues in the operation of precedent and stare decisis (a) predictability and certainty vs. rigidity. If we adhere too closely to precedent than it will not change. If court is the same the judge is not bound by stare decisis. Legal reasoning and statutes: the rules and principles of statutory.