Week 4- Case Law Flashcards
1
Q
The docterine of precedent
A
Past cases are used to guide current cases
2
Q
Each court is bound by…
A
The decisions of courts higher in its hierarchy
3
Q
Ratio decidendi
A
(Reason for the decision)
Only this can be binding every case will have a season for its decision but it’s not every rule relied on that forms a ratio
Ratio comes from a ruling point of law
4
Q
Orbiter dictum
A
(Remarks in passing)
A statement given to justify the ratio to convince others of a particular ruling. Not binding in courts
5
Q
How many court hierarchy’s are in Australia
A
9
One for commonwealth
And one for each state and territory
6
Q
Which court is the highest?
A
High court
