Media, Information and Technoculture 2156A/B Lecture Notes - Lecture 2: Obiter Dictum, Ratio Decidendi, Precedent
11 Feb 2018
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Document Summary
When a court has applied a legal rule to a set of facts, that legal rule should apply. To stand by decisions and not to disturb settled matters a court is required to follow decisions of the superior courts in its jurisdiction whenever the same facts are before the court. One that can be used to convince. A court if only bound to follow precedent is it is directly on point . To distinguish a persuasive of binding decision, a judge will examine the material facts of both the case and the precedent case. The limit on this process is reached when a judge says that the precedent is an authority only on its actual facts . The supreme court of ca is the highest court in ca: hears appeals from the provincial appeal. Martial appeal court of canada: decisions are binding on all other courts in.
