LLB101 Lecture Notes - Lecture 4: Precedent, Ratio Decidendi, Obiter Dictum
Document Summary
Law made by judges through their decisions on the issues before them. Case: dispute between the parties which needs to be resolved by an independent decision maker. Civil trials: decision maker is the judge. Criminal trials: decision maker about issues of law is the judge. Judges apply the law in working out the resolution of the dispute sometimes need to work out what the law is before they can apply it. If the law on a particular issue is uncertain, then decisions made by judges about its meaning and scope will help clarify it and, over time, develop it. But case law still governs some areas of the law with only limited statutory interference (eg contract law) Even in areas governed by legislation, cases interpreting that legislation are important. These cases do not make" law here so much as interpret" it, but they must be read in conjunction with the legislation.
