by a-a » Sat Jan 26, 2013 6:07 pm
Precedent
The common law system is based on the doctrine of judicial precedent. The basis of the system of precedent is the principle of stare decisis. This means that lower or inferior courts must take account of, and follow, the decisions made by the higher courts where the facts of the cases are the substantially the same. It is therefore necessary to understand the hierarchy of the courts and their inter–relationship (above) to understand the development of the common law.