By definition, a case of first impression cannot be decided by precedents. Since there is no precedent that the court could follow, the court uses the simple language and history of a law that must be interpreted, the possessions of other jurisdictions, persuasion and analogies of previous decisions of other courts (which may be higher, peer or lower courts in the hierarchy or other jurisdictions), comments and articles by jurists, and the logic and meaning of the Court`s law. In general, a precedent is mentioned: case law is one of the peculiarities of the law of the English legal system. It should not be forgotten that case law and English law are based on case law. The common law is the law that comes from the royal courts. If we compare it to legal law, it was built from the common law. The common law is at the heart of the construction of the EL. Jurisprudence is the right of judgment. It was built with the royal court. It is still an important source of law, but what is important to understand in the case law are the principles of the courts, which set a binding precedent.
When a court binds, this application of precedent is sometimes called a horizontal decile gaze. New York State has a similar appeal structure in that it is divided into four appeals divisions overseen by the last New York Court of Appeals. The decisions of one appeal division are not binding on another and, in some cases, departments differ significantly in the interpretation of the law. In law, a binding precedent (also known as a binding precedent or binding authority) is one that all lower courts must follow under common law legal systems. In English law, it is usually created by the decision of a higher court, such as . B of the Supreme Court of the United Kingdom, which took over the judicial functions of the House of Lords in 2009. In civil law and pluralistic systems, case law is not binding, but case law is taken into account by the courts. A precedent does not bind a court if it concludes that there was a lack of care in the original “Per Incuriam”. For example, if a legal provision or precedent had not been brought to the attention of the previous court prior to its decision, the precedent would not be binding. “Super stare decisis” is a term used for important precedents that are resistant or immune to tipping, whether they have been correctly decided or not. It may be considered an extreme in a number of precedents,[17] or alternatively, to express a belief or criticism of that belief, that certain decisions should not be overturned. The second principle, which refers to convincing precedents, reflects the general guidelines on precedents on which a court can rely in all its decisions.
[5] Hansard: reports of parliamentary debates. It is different from what we have in France. A procedural aspect: If lawyers think that the precedent should deviate from the composition of the problem, they should explain why the modification of the previous one should be a housekeeper, and they will be convinced to make this decision. The Supreme Court will have more judges who will decide whether or not to overturn decisions. Some mixed systems, such as Scottish law in Scotland, South African law, the laws of the Philippines, and the law of Quebec and Louisiana, do not fit into the dichotomy between civil law and customary law because they mix parts of both. These systems may have been strongly influenced by the common law tradition; However, their private law is firmly rooted in the tradition of civil law. Because of their position between the two main legal systems, these types of legal systems are sometimes referred to as “mixed” legal systems. The courts of Louisiana, for example, operate under both decisive scrutiny and settled jurisprudence. In South Africa, the precedent of the higher courts is absolutely or fully binding on the lower courts, while the precedent of the lower courts has convincing authority only for the higher courts; Horizontally, the case law is prima facie or presumably binding between the courts. About 2500 judgments (less than 2% of all judgments) are reported in legal reports each year.
Decisions of the Supreme Court (formerly the House of Lords) and the Court of Appeal predominate because of the weight given to them by the doctrine of precedent. Only a small proportion of the thousands of cases brought before the High Court are reported. When Law Reports, the most reliable reports in England and Wales, were proposed in 1863, it was suggested that they should cover all cases that: However, a binding precedent may be set or deviated from, for example, .B if there is a change in law or even social norms, which means that the previous judgment is no longer a good law. Only a higher court can deviate from a binding precedent. In civil law and pluralistic systems, such as Scottish law, precedents are not binding, but case law is taken into account by the courts. Case law is a decision-making body, but one principle that contributes to the structure of case law is the doctrine of binding precedent (precedent-binding), which means that similar cases must be decided equally (in the same way). This means that whenever the facts of the dispute are similar to the facts of a previous case, the actual case should be decided under the previous law […].