The binding effect of precedent

I hear it a lot from OPCA adherents, “Oh but that’s not a fact, that’s just some judges opinion.” in an attempt to ignore a certain ruling. The difference between OPINION and a FACT in law, is known as “non-obiter” and “obiter”. When a particular point of law (or “ratio decidendi”) is determined by the higher courts, (example: a State Supreme Court or the High Court) it creates a “precedent” which is then binding on all courts below it in … Continue reading The binding effect of precedent
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