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Ratio Decidendi – Overruling

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Ratio Decidendi – Overruling

  • This topic has 5 replies, 2 voices, and was last updated 6 months ago by MikeLittle.
Viewing 6 posts - 1 through 6 (of 6 total)
  • Author
    Posts
  • July 8, 2022 at 6:23 am #660145
    2dop
    Member
    • Topics: 2
    • Replies: 4
    • ☆

    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.

    July 8, 2022 at 7:37 am #660157
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22702
    • ☆☆☆☆☆

    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?

    July 21, 2022 at 2:28 pm #661555
    2dop
    Member
    • Topics: 2
    • Replies: 4
    • ☆

    Understood. Thank you Mike

    July 21, 2022 at 6:50 pm #661586
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22702
    • ☆☆☆☆☆

    You’re welcome

    July 27, 2022 at 3:53 pm #661959
    2dop
    Member
    • Topics: 2
    • Replies: 4
    • ☆

    Just did my paper today. Got 73%. Thank you Mike and the team for this awesome platform, you guys are life savers.

    July 27, 2022 at 8:22 pm #661967
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22702
    • ☆☆☆☆☆

    That’s a good score Biseko, well done. And thanks for letting me know

    Good luck with your future studies

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