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Case Law, Binding Judgement / Persuasive Judgement - Coggle Diagram
Case Law
Key Characteristics
Judge made laws
Not codified (Unwritten Law)
Usage of precedents
Precedents in this context refer to the outcome of past trials
Judges will make decisions using the acceptable and appropriate precedent (set by senior courts) > the logic behind this is that the outcome of trials shouldn't vary from judge to judge
Case law = Judge made laws
Common law refers to a body of a case law
Judge made law - refers to the idea that case law is the result of the judges interpretation of the legislation essentially becoming law itself
Case law refers to a body of legal principles and rules established in the judicial interpretation of legislation by a judge during application in trial
This will set precedent for lower courts
Ratio Decidendi = the reason for the decision
The ratio is the key legal principle behind a judges decision
A judge must look at the material facts of a case and determine if the ration from a precedent can be applied to the current trial
Binding Judgement / Persuasive Judgement
Binding Judgement refers to a ruling given by a judge over a point of law (It is binding on lower courts this ruling must be followed)
A point of law refers to a question over the application of law
Persuasive Judgement refers to a legal decision/judgement from another case that doesn't have to be followed but courts may choose to follow it
Persuasive precedents are optional but can influence a courts decision