The correct answer is: It would bind all Courts except the Supreme Court. A ratio decidendi of the Court of Appeal would bind the Court of Appeal itself and all lower courts. It could only be overruled by the Supreme Court. 统计:共计109人答过,平均正确率51.37% 问题:进入高顿部落发帖帮助 ...
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What is an example of the IRAC method? What is an example of cavitation in a pre-hospital emergency case? What is an example of a fomite? What role does remand play in the pre-trial process? In emergent properties, what is meant by 'the whole is greater than the sum of the parts'...
A holding can be seen as the legal rationale or reasoning behind a court's decision. It is the part of a judicial opinion that states the rule of law that the case establishes, as opposed to mere dicta or commentary on the facts of the case. It is also what distinguishes a holding fr...
discipline procedure may include issuing a verbal warning and two written warnings and then terminating a person upon the fourth offense. In such a case, if an employee violates company policies on multiple occasions and the stated discipline procedure is adhered to, there are grounds for dismissal...
Precedent: A court decision that establishes a legal rule or principle that should be followed in future cases. Dictum: A remark made by a judge that is not binding and does not form part of the court's decision. Ratio decidendi: The legal rule or principle that forms the basis of a co...
Ultimately, it reflects a welfare approach to decision making by vesting decisional authority in a court despite the decisional autonomy of a child—an approach that is also inconsistent with the ‘ratio decidendi of Gillick that it was for the doctors and not judges to decide on the capacity ...