Question
3. CASE LAW (Please refer to the additional readings for this week Case Law and Precedent on Moodle) In the Common Law system, please outline
3. CASE LAW (Please refer to the additional readings for this week "Case Law and Precedent" on Moodle)
In the Common Law system, please outline the following:
a. Who is a Plaintiff, and who is a defendant?
b. What does the phrase "case citation" mean? What does the coding in the following citation mean: Warringah Properties v Babij (2006) NSWSC 702?
c. In a case found in a law report what do the following mean: i. Material facts ii. Grounds of Appeal/Issue to be decided iii. Principle of Law to be applied iv. Decision Made by Courtv. Orders made
d. What is the doctrine of precedent? What do the phrases 'ratio decidendi' and 'obiter dicta' mean?
e. What are the arguments for and against the doctrine of precedent in a legal system? What position do you side with and why?
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