ATAR Notes: Forum
VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: Rose34 on March 10, 2021, 06:04:38 pm
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What is the difference between stare decisis and binding precedent?
I know that stare decisis is 'stand by what has been decided' and refers to the practice of following the decisions of past cases in future cases of a similar nature. And binding precedent is a precedent that must be followed by all lower courts in the same hierarchy when the facts of the case before them are similar to the facts of the case where the precedent was established.
I do not get how they are different. If someone knows please explain.
Thanks in advance.