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1. What is the difference between proposition of law and question of fact?
2. It says that the material facts of each case must be the same for a judicial precedent to be applied. What if the question says material facts of each case are similar? Do you apply judicial precedent?1) The law states what should happen in different circumstances (or what shouldn’t happen, as appropriate)
The courts look at the facts of the case brought before the court and applies the law (a proposition of law)
2) In 1485 the English Parliament passed a law called unofficially “In Consimili Casu”
Prior to this in 1458 a law had been passed that stated that no new causes for action should be created so, if you wanted to bring a case to court, the facts had to be exactly the same as those of a previous case
In consimili casu said, effectively “Near enough (similar) is close enough” so the facts of the later action need only be similar to those of the earlier case
OK?
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