CRJS 2001 Lecture Notes - Lecture 2: Golden Rule, Precedent
25 Mar 2016
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Topic #2 legal reasoning: legal reasoning and case law: the doctrines of precedent and. Stare: the concept of precedent, the concept of stare decisis, the operation of stare decisis: binding authority vs. Authority (a) binding authority decision from higher court so lower court has to follow (b) persuasive authority not bound but can persuade (i) nature of the other jurisdiction-1. other canadian jurisdiction 2. Other british common wealth, not just any british common wealth, only those that are similar to. Example: criminal sentencing (assault: present case: female, 25, brown hair, 1st offence, precedent #1: female, 20, black hair, 1st offence [probation, precedent #2: male, 23, blond hair, 8th offence [jail 2 mos] Legal reasoning and statutes: the rules and principles of statutory. Interpretation: the problem of ambiguity, the fundamental principle: finding the legislative intent. 1: resolving the ambiguity: the rules and principles of statutory.
