CRIM 135 Study Guide - Parliamentary Sovereignty, Golden Rule, Incest

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 135
• Professor: Graeme Bowbrick

Document Summary

Topic #4 legal reasoning: legal reasoning case law, the concept of precedent - Judge must follow the decision in previous case, if facts and law are similar in both cases. Allows for certainty and predictability = stability. 11 courts jurisdiction - each province is their own jurisdiction & federal jurisdiction. Decisions of higher courts make precedent that lower courts must follow in the same jurisdiction. Supreme court of canada jurisdiction is entire country so their decision is binding on whole canada: the operation of stare decisis: binding authority vs. Persuasive authority (a) binding authority: must follow - a court is only bound to follow stare decisis if in same jurisdiction (b) persuasive authority. If precedent comes from diff jurisdiction, can choose to follow even though not bound to: might be able to persuade judge into following it or judge may find reasoning persuasive and choose to follow.