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Text from 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

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