Court of appeal

Court of appeal

Postby a-a » Sat Jan 26, 2013 5:58 pm

If the court of appeal upholds and appeal from a lower court, does this set a precedent for cases that come before it that are of a similar nature?
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Re: Court of appeal

Postby a-a » Sat Jan 26, 2013 6:07 pm

Precedent

The common law system is based on the doctrine of judicial precedent. The basis of the system of precedent is the principle of stare decisis. This means that lower or inferior courts must take account of, and follow, the decisions made by the higher courts where the facts of the cases are the substantially the same. It is therefore necessary to understand the hierarchy of the courts and their inter–relationship (above) to understand the development of the common law.
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Re: Court of appeal

Postby Prajna » Sat Jan 26, 2013 9:40 pm

did you just answer your own question?
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Re: Court of appeal

Postby Mog » Sun Jan 27, 2013 12:44 am

Sometimes this site is truly inspirational :grin:
We know the answers, just need to push aside the programming, and trust our instincts :clap:
"If you have ten thousand regulations, you destroy all respect for the law. "

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Re: Court of appeal

Postby a-a » Sun Jan 27, 2013 1:05 pm

Prajna wrote:did you just answer your own question?

Yes, I think I probably did!
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