Chapter 4 Key facts checklists
Sources of Law II: Case Law
- Case law, also known as the common law, is a set of judge-made rules that have either a binding or persuasive effect on future cases.
- Whether precedent is binding is dependent on whether there is a statement of law, as opposed to fact, certain reasoning for that decision (known as ratio decidendi), and the decision of a superior court.
- Certain courts are obliged to follow previous judgments, whereas others can ignore them due to their seniority.
- Judges act in a quasi-law-making capacity when developing judicial precedent.