Binding Precedent Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What are the main points to include

A

A decision will be binding if: legal points in the cases are the same
The material facts are similar
An earlier decision was made by a court higher in the hiararchy or at the same level
Also describe orbiter and ratio

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What cases can you include

A

Donehuhe v Stephenson
Grant v Australian knitting mills

Bentham
Any practice statement cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly