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6 months ago

bravo (a guest user) asked this question:

Language pair:

French > English

Subject:

General

Level of diffculty:

Easy / medium

Word or term in question:

De jurisprudence ancienne

Context:

De jurisprudence ancienne, la Cour rappelle qu’il y a lieu de distinguer entre les faits et les jugements de valeur.

 

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Complete list of answers and comments

6 months ago

elvis  See profile wrote:

Old syestem of jurisprudence

6 months ago

MatthewHallisy  See profile wrote:

ages old jurisprudence

My comment:

The speaker is speaking to the fact that the court is looking to the past for wisdom, a wisdom that differentiates between facts and how the courts interpret them and make law. Any new court judgment should not try to reinvent the wheel, but instead if there were to look to the wisdom of the ages, the answer will be manifest. As a law school student, when a legal question is presented to the court for the first time (case of first impression), the court's first duty is to try to find examples where courts or experts have weighed in on analogous situations. I can't tell you how many times a US court in this situation looks to England in the 1600's.

6 months ago

Barbara R. Cochran, MFA  See profile wrote:

resorting to legal precedent

Comments by other colleagues on this answer:

6 months ago

Barbara R. Cochran, MFA  See profile wrote:

Or "using legal precedent as its basis..."

6 months ago

CMD  See profile wrote:

in former case law

Comments by other colleagues on this answer:

6 months ago

CMD  See profile wrote:

NB: "case law" is based on judicial decisions from previous cases, rather than on constitutions, statutes, or regulations - case law uses the detailed facts of a case that have been resolved by courts or similar tribunals.

6 months ago

CMD  See profile wrote:

ad jurisprudence/ case law --> cf https://www.hrlsc.on.ca/fr/fiches-dinformation-et-guides/termes-juridiques-courants

6 months ago

plaisirsdelavie  See profile wrote:

I agree: there is a little difference between "case law" and legal precedent. Maybe you could have suggested as well "referring to former case law" or "according to former case law". Anyway, the meaning of "ancienne" in this context is not "ages old".

6 months ago

CMD  See profile wrote:

OR maybe: "in regard to former case law" .... ---- Yes (plaisirsdelavie), IMO there is a difference [and not only in the legal systems (Roman law vs. Anglo-American legal system)]! Therefore ad unambiguous definition of "case law vs. precedent": cf. https://cours-de-droit.net/case-law-precedent-english-legal-system/

The asker rated this answer best

6 months ago

martynback  See profile wrote:

Based on long-standing jurisprudence

My comment:

or based on long-established precedent

6 months ago

Ffion Marianne Moyle  See profile wrote:

Legal precedents

My comment:

The court reminds those present that it is essential to distinguish between the facts and the merits of the case in accordance with legal precedents