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Canada and most of its provinces (except Quebec) follow the common law system. One of the key principles of this system is that the law should be applied uniformly. Case law sets a precedent for how the law applies to specific situations, and courts make heavy use of it to ensure that the law is being consistently applied. Once a court rules on a matter of law, the courts are bound by the precedent, though a higher court may overturn the ruling and, of course, Parliament can amend the law.

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Related Questions

What two types of precedent are there in doctrine of precedent?

binding(mandatory) precedent persuasive precedent


An appeal to precedent is a type of?

an appeal to precedent is a type of an appeal to precedent is a type of


Who is the ikyarajya samiti 2015 precedent?

The Ikyarajya Samiti 2015 precedent refers to a significant legal case in India concerning the rights and governance of local self-governments. It highlighted the importance of transparency and accountability in the functioning of local bodies. This precedent set a framework for addressing issues related to local governance and reinforced the principles of democratic participation at the grassroots level.


To what extent are precedent are binding or not binding?

it depends on how old the precedent is, how closely related is it to the case you are looking at and the difference between your precedent and crown/defense lawyer's precedent


Should you say set a precedence or precedent?

precedent


What term describes a ruling in an earlier legal case that is similar to a current case?

Precedent


What does it mean when a judge uses precedent to arrive at an opinion?

precedent


What is the importance of the opinions that the justices write?

You could have a legal decision without an explanation, but the explanations are important because they become part of legal precedent and can be cited in future legal arguments.


What is the importance of the opinion that justices write?

You could have a legal decision without an explanation, but the explanations are important because they become part of legal precedent and can be cited in future legal arguments.


What types of precedent are there in the Doctrine of Precedent?

In the Doctrine of Precedent, there are primarily two types of precedent: binding precedent and persuasive precedent. Binding precedent refers to decisions made by higher courts that must be followed by lower courts within the same jurisdiction. Persuasive precedent, on the other hand, includes rulings from lower courts, courts in other jurisdictions, or obiter dicta, which are not obligatory but can influence a court's decision. These distinctions help maintain consistency and provide guidance in legal decision-making.


How do you put precedent into a sentence?

This to a large extent sets a precedent for the rest of the exhibition


What is something done or said that becomes an example for others to follow?

Precedent

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