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Words: | Submitted: Fri Oct 24 2003
... The ratio of a case is binding on lower courts but may not be cited as persuasive authority in later cases. The second principle is the obiter dictum. It is a statement made by the judge that is not an essential part of the ratio decidendi. It is most referred that something said by the way. Obiter dicta a statements do not form part of the binding precedent, but they are persuasive authority and can be taken into consideration in later cases, if the later case consider it is appropriate to do so. Through judicial precedent, lower courts are bound by the decisions of higher courts, hence based on the statement it is accurate to say that the doctrine of binding precedent does ensures both certainty and flexibility in the common law. It creates certainty in the sense where like cases are treated alike if the material facts are identical, ...
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