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Words: | Submitted: Fri Jan 28 2005
... legal interpretation in common law countries, including Australia. It is commonly known that like most doctrine the doctrine of precedent emerged in the United Kingdom. Australia is a common wealth country and still under the queen it also follows the doctrine of precedent. There is nothing more naturally appealing than to unquestionably have similar cases being treated in a related way. Even though it seems that the doctrine of precedent decides cases based upon previous decisions and that one case if similar to another it will be a precedent for that case, it is not always necessary that one case will be a model case for another similar case. There are certain characteristic elements that must exist in the case to be a precedent for another case. These elements are that the material facts in the case being the precedent should be the same as in the case in question ...
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