A trial judge in Manitoba has heard a case dealing with a particular issue.Which of the following statements is TRUE according to the doctrine of precedent?
A) If there are no binding precedents, the judge may consider cases from anywhere in the world, and decide the case based on the extension or modification of established principles of law, thus creating a new precedent.
B) If there are no precedents, the judge is not entitled to decide the case, and therefore must refer the matter to the legislature because of the doctrine of parliamentary supremacy.
C) If there are conflicting precedents from the Court of Appeal of Ontario and the Court of Appeal of Saskatchewan, the judge must follow the former, because it comes from a jurisdiction with a larger population.
D) If there are conflicting precedents from the Court of Appeal of Ontario and a trial court in the Bahamas, the judge must follow the former because it is Canadian.
E) If there are no other precedents, the judge is required to follow a decision of the Alberta Court of Appeal.
Correct Answer:
Verified
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