judicial precedent

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  • Judicial Precedent
    • definition
      • the doctrine is 'to stand by what has been decided'
    • types of precedent
      • original - this occurs when ther has been no past precedent or legislation on the matter prior
      • binding - precedent that must be followed
      • persuasive - may be followed by judges if they choose
    • over ruling judicial precedent
      • distinguishing
      • overruling
      • disapproving

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