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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 are the principles under the doctrine of binding precedent?
The principles under the doctrine of binding precedent are that the courts must use past solutions. They apply when the law is not unreasonable or inconvenient.
What is a legal precedent?
a legal precedent is principles of law set down by a higher court that are binding on lower courts in the same hierachy
What is the difference between a binding precedent and a persuasive precedent?
A binding precedent is precedent that a court MUST follow (it is law). All prior judicial decisions in a specific court's jurisdiction heard at that court's level or higher are considered to be binding precedent. In contrast, persuasive precedent is precedent that a court need not follow (it is NOT law, but, as the name suggests, may be persuasive because it suggests a line of reasoning). All prior judicial decisions OUTSIDE of that court's jurisdiction or from a LOWER court are considered to be persuasive only.
Would a ruling by the federal appeals court for my circuit be binding precedent if I file a federal law claim in a state court?
If the Federal Court precedent is applicable to your situation it can be cited - HOWEVER - although they may consider it, it does NOT mean that it would be binding on them.
In British law is a text message legally binding?
There is no reason why a text message 'contract' should not be legally binding, however there have not been any precedent setting cases on the issue.
What are the sources of English law?
English Law stems from a number of sources, but the main one has to be Common Law; in the form of precedent. An example would be; murder - a case a few hundred years ago, would go before a judge and the defendant would be found guilty for the offence of murder; which sets a precedent for all other judges to follow. Now, over time this precedent is reviewed and improved. Most law comes from this, other elements include Acts of Parliament or (after 2000) from European Law.
When English judges were asked to try a case they would look for what?
Precedent
What is similar between original intent and court precedent?
Original intent is is a theory in law concerning constitutional and statutory interpretation. Court precedent is English court might cite judgments from countries that share the English common law tradition.
English system of law based on court decisions rather than on legislation?
That is common law, also known as case law or precedent law.
How do you determine whether a case is mandatory or binding authority?
Mandatory refers to binding statutes and case law within the same jurisdiction.
What is an english common law?
Common law, also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals.
