- This topic has 5 replies, 2 voices, and was last updated 2 years ago by
.
- Posts
Why does a higher court consider decisions made by a lower court (in a different case), even though the higher court is not bound by those decisions.
You have to imagine the realities of the situation of a Court case. For each of the 2 sides, the plaintiff and the defendant, there will be a barrister (or even a team of barristers) representing the 2 litigants
The task facing these 2 sets of legal representatives is to persuade the Court that their own client has the valid claim and, equally, that the opposition does not have a valid defence.
In order to do that, the barristers will bring to the attention of the Court similar cases which the barristers claim will provide precedent. If these cited cases are from a lower Court, then the decisions will be persuasive only but if they’re from a Court of same standing then the precedent will be binding
So that’s why the judges in the higher Court are looking at decisions from lower Court cases
OK?
Just did my paper today. Got 73%. Thank you Mike and the team for this awesome platform, you guys are life savers.
- You must be logged in to reply to this topic.