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Analyzing the Trilaminar Structure of Judicial Precedent
Inaba, Kazuto
Inaba, Kazuto
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EJAIB12011-11.pdf
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"Originally, judicial precedent was not a legal term, but today it is used in various legislation, including Articles 405 and 410-2 of the Code of Criminal Procedure, and Articles 318-1 and 337-2 of the Code of Civil Procedure. Ordinarily, judicial precedent as legal terminology refers to ‗the judgment of a court on a specific case‘ or ‗a legal judgment indicated in the given reasons for judgment. This can be applied to the judgments of any court (district, high or Supreme), but there are clear differences in the strength of the judicial precedent according to its origin. As such, judicial precedent as referred to in this article indicates solely those set by the Supreme Court. "
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2011
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With permission of the license/copyright holder