The Way Precedent Affects Law-Making (VCE SSCE Legal Studies): Flashcards
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Doctrine of precedent creates
Doctrine of precedent creates
Case law (common law)
Stare decisis meaning
Stare decisis meaning
Stand by what has been decided
Ratio decidendi definition
Ratio decidendi definition
Legal reasoning forming binding part of decision
Obiter dictum meaning
Obiter dictum meaning
Things said by the way; not binding
Distinguishing a precedent
Distinguishing a precedent
Avoiding it by showing material facts differ
Dissenting judges
Dissenting judges
Judges who disagree with majority decision
Ex post facto law-making
Ex post facto law-making
Making law after the event/dispute occurred
Parliament & common law power
Parliament & common law power
Can abrogate (cancel) it; except constitutional decisions
Courts that can make law
Courts that can make law
Superior courts (Victorian Supreme Court or higher)
Lower courts & binding precedents
Lower courts & binding precedents
Must follow precedents from higher courts