A model of analogy - the concept of common law, is based on the assumption that judicial decisions taken so far affect the judicial decisions that are being made now and in the future by analogy. This means that whenever the similarity between the present case and the case in the past is significant, the same decision should be made as before.
The model from the analogs can take two forms:
In the precedent model of analogy, sometimes it is postulated to reach the final conclusion through the so-called " the rule of analogy, which covers both regarded as substantially similar matters. In addition, the phenomenon is often referred to here. the competition of the analogy, and therefore the state in which the case is currently being resolved is similar to a number of cases recognized in the past where different judgments have been issued (resolutions).
The precedent model of analogy is an alternative model for the so-called. concept of the rule model. It is also prevalent in the United States, less often in the United Kingdom, and even less frequently in continental law systems. You can also find its manifestations in the ways of defining an American holding, which is equivalent to the British ratio decidendi. Bibliography
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