FOL W8

What is the objective(s) of doctrine of precedent?

• Reasoning in higher courts must be followed by courts lower in the same hierarchy

• An earlier case be 'distinguished' if not similar enough to present case

• Can be 'overruled' if the case no longer represents the law

• Stare decisis

what is the latin name for the legal rule which a case applies or creates?

What is the difference between Ratio and Obita?

• Nothing, they're the same

• One is found at the start of the judgement and the other at the end

• Ratio is the reason why, and Obita is the comments made after the fact

• Obita is the reason why, and Ratio is the comments made after the fact

What is the check used to maintain the separation of power between the legislative and the other branches of power?

Which Court is higher than the Court of Appeal (Qld)?

• Supreme Court

• District Court

• Federal Court

• High Court

What would you find in a Case Brief?

• Facts

• Issues

• Holding

• Rationale