CRIM 135 Lecture Notes - Golden Rule, Brothel, Disorderly House
Document Summary
Topic #3 legal reasoning: legal reasoning and case law: the doctrines of precedent and stare decisis, the concept of precedent. Judge must follow the decision in previous case, if facts and law are similar in both cases. Judge is obligated (if facts and laws are similar enough) to follow the reasoning as articulated in the previous case. Previous decided cases serve as law to be followed by future cases. Allows for certainty and predictability = stability. Precedent of higher courts must be followed by lower courts in the same jurisdiction. 11 courts jurisdiction each province is their own jurisdiction & federal 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. Influence of case law not in same jurisdiction (a) binding authority. Must follow a court is only bound to follow stare decisis in same jurisdiction (b) persuasive authority.