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Laws Made By The Courts.
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Laws Made By The Courts "Case law, judge-made law or common law can be defined as a statement of the law made by the courts in deciding a case. This then establishes a precedent and will be relevant for future similar disputes depending on the status of the court."1 The Doctrine Of Binding Precedent "The doctrine of binding precedent provides that similar cases should be decided in a similar manner. The Latin maxim for this is 'stare decisis' which means 'the decision stays'.2 A persuasive precedent is different to a binding precedent in that the lower courts are unable to bind the higher courts to their decision, but can only be persuasive. As in the Mandla v. Dowell Lee case, we can identify how the House of Lords decision was swayed by the decision made in the Court of Appeal level in Australia. Decisions made within the Common Law world can...
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