Features of the Doctrine of Precedent (VCE SSCE Legal Studies): Flashcards

Legal reasoning that guides future similar cases

Lower courts must follow higher courts' reasoning

The binding legal reasoning for a decision

Non-binding judicial comments 'by the way'

Legal reasoning from superior court that must be followed

Non-binding reasoning that may influence a judge

Higher court changes precedent in same case on appeal

Superior court rejects precedent from different earlier case

Avoiding precedent due to different material facts

Expressing dissatisfaction but still following precedent