BUS 393 Chapter Notes - Chapter 1-5: Personal Development, Indian Act, Clean Hands
Document Summary
Decisions from outside jurisdiction, including outside province, and other countries (e. g. uk, us, australia, new zealand) may be persuasive, but not binding. Distinguishing cases: when judge prepares case report, a large portion of decision is an explanation of why judge chose to follow one precedent rather than another. Stare decisis: system of determining law through following: common law evolved from case decisions made in 3 common law precedent in the legal system courts set up under king"s authority in middle ages in england (court of. Kings bench, court of the exchequer, court of common pleas) As body of law grew, common law courts became harsh/inflexible due to restrictions placed on king by nobles and institutional inertia led to having to petition the king if wanted to seek a unique remedy. Task of making orders overcoming individual injustices caused by shortcomings passed from king to separate body called. Courts of chancery and common law courts merged in 19th.