5.0 Case Law

Question 1

What is the question arises for case law to address?

Answer 1

How far a judge or a court is free to choose the particular rules that apply to determine the issues in the case.

Question 2

How to address the question arises for case law? (2 points)

Answer 2

1. Statutory interpretation / Interpretation of legislation
2. Case law

Question 3

The meaning of case law? (3 points)

Answer 3

1. Case - A judgement or decision of a law court
2. Body of legal rules built up by judges
3. Body of legal rules developed on a case-by-case approach

Question 4

How judicial decision / precedent is made? (2 points)

Answer 4

1. Established by the case itself
2. In a ‘precedent’ of a previous judicial decision

Question 5

How precedent is being used?

Answer 5

It is cited as authority for a legal proposition for deciding a later case on similar facts.

Question 6

Meaning of ratio decidendi ? (2 points)

Answer 6

1. The principle underlying the decision in the case
2. The reason of a decision made by the court

Question 7

Types of precedent and their meanings.

Answer 7

1. Binding precedent - It is a judicial decision that the later court must follow
2. Persuasive precedent - It is one that the later judge is entitled to refuse or to follow, it carries a considerable weight in the development of law, but it is not binding

Question 8

How to determine a case is binding or persuasive?

Answer 8

By the doctrine of binding precedent