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They are both Common Law systems that is to say they are based on the development of Law by the use of precedent and case law developed by Judges rather than primary legislation (which of course still exists). Lower courts and courts at the same level are bound to follow what has already been decided by previous cases (Stare Decisis). Senior courts may allow the decisions of lower courts or decisions form other jurisdictions to be persuasive but not bound by them. Changes in direction or new judgments are sometimes known as landmark cases. Civil law on the other hand relies on the Judge only interpreting legislation arguing that only the legislature has the authority to make law.

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