1,121
13
Essay, 2 pages (300 words)

Presedent in common law system

Advertising We'll write a high-quality original custom paper on Presedent in common law system just for you with a 15% discount for the 1st order Use a Discount Use a Discount

Precedent in Common Law System Precedent in Common Law System What role does precedent play in common law legal systems? A precedent, under the common law legal system, refers to a principle developed by courts out of the previous legal cases that courts are obliged to follow in deciding subsequent cases with similar facts. The principle holds that cases, in common law with similar facts should be decided in a manner that is consistent, predictable, and similar (Schaffer, Agusti, and Earle, 2008). As such, the decisions or rulings made by a higher court in common law are binding on lower courts under stair decisis. Therefore, lower courts are obliged to honor the rulings of a higher court within the path of appeals of the cases that the court hears (Schaffer, Agusti and Earle, 2008).
Therefore, the precedent principle in common law is important since it ensures that judges do give different rulings on cases with similar facts. In addition, it ensures that that the outcomes are predictable, certain, precise and above all saves time in making a ruling (Schaffer, Agusti and Earle, 2008).
What role does it play in civil law legal systems?
The precedent principle plays a big role in determining the outcome of cases in civil law system. However, unlike in common law system, there is no adoption of the stair decisis principle in deciding cases. In civil law system, the precedent principle serves a persuasive role. This implies that civil law courts are only required to take into account past ruling when there is a high level of consistency in case law. In this regard, the higher the level of consistency, the greater the persuasive level of case law (Fon and Parisi, 2006).
References
Fon, V., & Parisi, F. (2006). Judicial precedents in civil law systems: A dynamic analysis. International Review of Law and Economics. 26: 519–535.
Schaffer, R., Agusti, F., & Earle, B. (2008). International business law and its environment (Seventh ed.). Manson: OH: Cengage Learning.

Thanks for Voting!
Presedent in common law system. Page 1
Presedent in common law system. Page 2
Presedent in common law system. Page 3

The paper "Presedent in common law system" was written by a real student and voluntarily submitted to this database. You can use this work as a sample in order to gain inspiration or start the research for your own writing. You aren't allowed to use any part of this example without properly citing it first.

If you are the author of this paper and don't want it to be used on EduPony, contact us for its removal.

Ask for Removal

Cite this Essay

References

EduPony. (2022) 'Presedent in common law system'. 26 January.

Reference

EduPony. (2022, January 26). Presedent in common law system. Retrieved from https://edupony.com/presedent-in-common-law-system/

References

EduPony. 2022. "Presedent in common law system." January 26, 2022. https://edupony.com/presedent-in-common-law-system/.

1. EduPony. "Presedent in common law system." January 26, 2022. https://edupony.com/presedent-in-common-law-system/.


Bibliography


EduPony. "Presedent in common law system." January 26, 2022. https://edupony.com/presedent-in-common-law-system/.

Work Cited

"Presedent in common law system." EduPony, 26 Jan. 2022, edupony.com/presedent-in-common-law-system/.

Contact EduPony

If you have any suggestions on how to improve Presedent in common law system, please do not hesitate to contact us. We want to know more: [email protected]