Explain the following types of precedent:(i) Declaratory Precedent;(ii) Original Precedent;(iii)Distinguishing Precedent.

Explain the following types of precedent:
(i) Declaratory Precedent;
(ii) Original Precedent;
(iii) Distinguishing Precedent.

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(i) Declaratory precedent
This is the application of an existing principle or proposition of law in a subsequent case.
(ii) Original precedent
This principle or proposition of law as formulated by the court. It is the law creating precedent.
(iii) Distinguishing precedent
This is a subsequent decision which effectively distinguishes the existing precedent.
It becomes a precedent in its own right.

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raphael answered the question on April 16, 2018 at 18:25

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