This is an extract of our Case Law Intro To The Doctrine Of Precedent document, which we sell as part of our Legal System Notes collection written by the top tier of University Of Canterbury, Christchurch students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Legal System Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Laws101 8 March
Remember to bring tutorial book to tutorial
Pg 102-106 RURU- materials on Learn as well for more on Tikanga
Case Law- Intro to the Doctrine of Precedent
The New Legal System Summary
Judges engaged in case, analyse previous cases to see which are relevant
- Case Analysis
- Statutory Interpretation
Judges decide cases when parties bring cases to court
- Cases arise out of a dispute/question between parties- issues
- The Law relevant to the issues will come from the sources
Predominantly case law or statue.
~ or custom
What is precedent?
Doctrine of binding precedent- A past judicial decision that serves as an example or rule to followed in a subsequent case
Stare decisis- judges don't decide law on whim, respect previous decisions
"To stand by decisions and not to disturb matters"
- Principled basis for precedents
- Provides certainty/predictability
Buy the full version of these notes or essay plans and more in our Legal System Notes.