INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Legal Methods soru detayı:

PAYLAŞ:

SORU:

How should cases be decided as per the doctrine of precedent?


CEVAP:

The doctrine of precedent means that cases must be decided the same way when their material facts are the same. To be sure, this does not require that all the facts should be the same. Rather, it requires that the legally material facts must be the same. Two
elementary components of a system of precedent are as follows:
• According to the rule of stare decisis, lower courts must follow the decisions of higher courts in the same court hierarchy. Some courts are even bound by their own previous decisions (rationes).
• A reliable system of case reporting is necessary, enabling judges and lawyers to find out a precedent correctly.