TRN204H1 Lecture Notes - Lecture 7: Precedent, Headnote, Private Law
Document Summary
Stare decisis stand by decisions that are set. Looking at how it is applied or distinguished in subsequent cases. How does a court deal with earlier decisions that they no longer agree w/ English decision are bound by it, must stick to it. Tension need the law to be consistent & certain/predictable. Have to find a way to balance those competing interests. Avoid injustices keeps abreast of what"s happening in society. But don"t want it to happen too quickly. Private law how people organize themselves with others. Criminal law need to know what the laws are, understand parameters. Ways in which judges reason through problems to get through that tension. Headnote for supreme court done by supreme court & are reliable. Rodriguez lamer went first even though he was dissenting. Was the chief justice at the time. Vulnerable can be manipulated into making decisions they aren"t ready to make or shouldn"t make.