Текст од Sabribri - English
Definition of the concept of precedent / case law
- The concept of precedent is very specific to Common Law system.
- In fact, this system is really built on the case law.
- A precedent, at literal meaning, is a Court decision that is cited as exemple or analogy to resolve similar questions of law in later cases.
- Concretely, it means that the legal rules applied to a first case, with facts similar to that one before the Court, should be applied to resolve the case.
- So the judges follow the decision of an earlier judge if the facts of both cases were the same or very similar.
- Over time, these precedents are recognized, affirmed, and enforced by the following decisions of Court.
- This procedure was born at eleventh century .
- The Royal judges travelled to various parts of England where they resolved local disputes.
- When they returned in London, their decisions, count as resolved, were written down, allowing them to be read by the others judges
- SabribriApril 2016Сада гласајте !
МОЛИМО, ПОМОЗИТЕ ИСПРАВИТИ СВАКУ РЕЧЕНИЦУ! - English