What happens when there is no precedent? (1 Viewer)

[alex122]

I need help with this please,
Thank you

 

[Examine]

Precedents are decisions made by judges beforehand right? I'd think that they'd make their judgement on the law/knowledge and make their own decision, therefore setting their own precedent. (not sure, just my guess)

 

[enoilgam]

The law wouldnt be consistant, therefore undermining the operation of the rule of law within a legal system.

 

[muhahahahahaha]

The law wouldnt be consistant, therefore undermining the operation of the rule of law within a legal system.

This. But when there is no precedent, it means that the judge must use their own knowledge and discretion to make a decision. This decision is then made precedent. I should note. However that when there is no precedent a judge could look at similar cases from other jurisdictions. It can still also look at decisions made by the privy council... NOTE that decisions of th privy councils are not a binding precedent but they are persuasive which means that the courts here can use that decision as a guide to form their own decision.

Hope this helps.