Management and Organizational Studies 2275A/B Lecture Notes - Lecture 1: Obiter Dictum, Precedent, Contributory Negligence
20 Jan 2016
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Document Summary
Moves much faster than common law - can react immediately to social situations. Common law: a law according to court - its how they interpret a law - once they interpret it becomes binding. 1066 --> was the norman conquest of england. When normandy conquered england they relied on saxon law to govern the region. The king said to come to him if people wanted the dispute solved by the king (he lived in the court hence the name) Appointed people eventually called judges to make decisions for the king. Since saxon law was applied to everyone it became common law. The collection of decisions that the judges have made and recorded becomes binding law so decisions made in future are consistency. What is binding in the decision: they are obligated to decide in the same way --> reason for the decision is binding --> ratio decedendi.
