CRIM 135 Lecture Notes - Lecture 2: Precedent, Commonwealth Of Nations, Legislative Intent
1 Apr 2016
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Topic #2 legal reasoning: legal reasoning and case law: the doctrines of precedent and. Look for similar, relevant and material facts. Gives us ways to solve cases in an easier manner. Treat cases like similar past cases = justice, fair. At the heart of justice: the concept of stare decisis. Lower courts must follow higher courts: the operation of stare decisis: binding authority vs. Persuade a judge into following the precedents of cases from other jurisdictions or courts. The judge is not bound unless it is from a higher court in the same jurisdiction. Hierarchy of jurisdictions: other canadian jurisdictions, britain, other british commonwealth jurisdictions. *not just any commonwealth jurisdiction will be acceptable. Only those jurisdictions that are like canada, so developed and democratic: other foreign jurisdictions. *again, must be highly developed and functioning democratic systems. **america is now either on par with britain or just below it. (i) nature of the other jurisdiction (ii) level of court.
