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Judge Made Law

The principle that the higher courts reason for decisions are binding on lower courts in the same hierarchy
The Doctrine of Precedent
 
What is the reason for a previous courts decision that followed by another?
A precedent
 
What is judge made law based on the principle of a higher courts reason for decisions that are binding on lower courts in the same hierarchy
Common Law
 
What does precedent create?
Stare Decisis
 
What does Stare Decisis create?
Consistency and predictability
 
What does Stare Decisis literally mean?
Stand by decision
 
What is known as "the reason for the decision"
Ratio Decidendi
 
What does Ratio Decidendi literally mean?
The reason for the decision
 
What does Ratio Decidendi use?
Material facts
 
What are material facts?
Facts that could have affected the cases issue
 
What is the judges statement not necessary to the decision but considered known as?
Obiter Dictum
 
What does Obiter Dictum literally mean?
Things said by the way
 
What types of precedent are there?
Binding and Persuasive precedent
 
What is binding precedent?
Precedent that must be followed in a following decision on a similar issue
What courts binding precedent apply to?
Lower ones in the same hierarchy
What is Persuasive Precedent?
Non-binding preedent
 
What courts does Persuasive Precedent apply to?
Higher and same level ones, and any one in a different hierachy
 
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