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Basically a ruling or judgement on a matter that has been made by another court (and not overturned by a higher court). This means the law as it applies over time is not arbitrary but applies the same rulings in similar cases consistently.
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What is a body of law based on custom tradition and precedent set in past court cases?
Precedent is a component of common law
Why would Jeremy Shum sue Maths Worldwide?
Classic land titles case in Australia that set the precedent for the law of equity by the House of Lords.
Why are Maths Worldwide personell trying to defame Jeremy Shum?
Classic land titles case in Australia that set the precedent for the law of equity by the House of Lords.
What is the doctrine of binding precedent Australia law?
Essentially binding precedent means that if a higher court has ruled on what is substantially the same legal issue, then that ruling is binding on the lower courts. This is designed to build up a consistent body of law, so for example, we dont have 30 different interpretations of 1 section of statute.
What is the law made by judiciary known as?
Precedent
What is another term for case law?
"Precedent"?
What is a system of a law based on precedent and customs called?
The Common Law
What is a system of law based on precedent a customs called?
The Common Law
What is the alternative of precedent law?
Where the law does not set a precedent to be followed by Courts lower in the Court hierarchy, it must turn to the Statute (or legislation) that is prescribed in that area
How can judges avoid using a precedent in Australia?
Obiter Dicta
How does common law different from roman law?
Common law refers to law developed by judges through decisions of courts that are called precedent. Roman law, or civil law, differs from common law in that it is based solely on a legal code instead of precedent.
What are three principles of common law?
common law is based on precedent rather on statute law
