文档介绍：Introduction to Law
(Interpretation of the Law)
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Learning Objectives
Quick Review
Precedent
rules of precedent
applying precedent
benefits and drawback of precedent
Interpreting legislation
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Quick Review
English law is mon law system
That means the courts play an important role
Decisions of the courts help to
explain how legislation should work
develop the law
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Precedent
As you will remember, the English civil courts are arranged in a hierarchy
The House of Lords is at the top of this structure
According to the rules of precedent a decision of a higher court is binding on a lower court
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Precedent (cont.)
So, a judge in the County Court must follow a decision made in the High Court, Court of Appeal or House of Lords
And a judge in the High Court must follow a decision made in the Court of Appeal or House of Lords
The Court of Appeal must follow the House of Lords
This also applies to decisions of courts at the same level
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Applying Precedent
Lawyers use the rules of precedent when they are in court
They try to find a case about a similar situation as their current case which has been decided in a higher court
They use this to persuade the judge that he or she should follow the decision in that case
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Applying Precedent (cont.)
Similarly, when a judge is trying to make a decision in a case, he or she will look to see if there has been a similar case already decided
If there has, then s/he can follow the decision in the earlier case
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Applying Precedent (cont.)
So, in our earlier example with Wang and Zhang and the payment of £100, Wang’s lawyer would look for a similar case which has already been decided and use that to persuade the current court to find in favour of Wang
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Finding a precedent
You will remember from the first class that important cases are reported and recorded in books known as law reports
This is where lawyers and judges look in order to find cases which might be a precedent for their current case
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Finding a preceden