Topic 1 - Case Law

Question 1

What is judge-made law based on?

Answer 1

The doctrine of binding precedent

Question 2

What is the first factor case law depends on?

Answer 2

Court hierarchy - the rank of the court that made a ruling is crucial in determining whether that ruling must be followed in future cases

Question 3

What is the second factor case law depends on?

Answer 3

Whether the facts come within the scope of the previous case - this cases’ facts must have enough similarities to those of the past

Question 4

What is the third factor case law depends on?

Answer 4

Whether what the judge said was in the ratio decidendi or merely obiter dicta

Question 5

What does ratio decidendi mean?

Answer 5

It is a legal principle or reason that forms the basis of the court’s decision. It is binding and must be followed in future cases

Question 6

What does obiter dicta mean?

Answer 6

These are comments or observations made by a judge that are not essential to the decision and therefore do not carry binding authority. They can provide context or insight but do not need to be followed