Week 3 - Case Law Flashcards
1
Q
What is judge-law based on?
A
The doctrine of binding precedent
2
Q
What factors affect the doctrine of binding precedent?
A
- court hierarchy
- whether the facts come within the scope of a previous case
- whether what the judge said was ratio decidendi or merely obiter dicta
3
Q
What does it mean for a judge to ‘distinguish’ cases?
A
When cases’ facts vary from one another and the judge wants to avoid the outcome of the old case being imposed on the new one
4
Q
What is common law?
A
The concept that the judiciary had created a system of establishing laws before a united system of government was formed
5
Q
From what detailed information may the ratio decidendi be found?
A
Judges spend time preparing a judgement that outlines previous case law authorities, and with reference to these, explain how they arrived at their decision
