Management and Organizational Studies 2276A/B Study Guide - Midterm Guide: Obiter Dictum, Ratio Decidendi, Blood Transfusion

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2276A/B
• Professor: Desmond Mc Keon

Document Summary

The degree to which an earlier case from another jurisdiction will be persuasive depends on various (binding precedent) for example, in december of 2010, the ontario court of appeal ruled that conrad. Black could sue various defendants in ontario, despite the argument of the defendants that ontario was not the proper forum for the lawsuit. If the doctrine of precedent only applied when all the facts of two cases were identical, then the principle would never apply. Instead, the lower court must decide whether the facts of the later case are sufficiently similar to the earlier case so as to invoke the doctrine of precedent and yield a similar result. If the lower court decides that the facts are sufficiently similar, and the principle of precedent applies, then the lower court must follow the precedent set by the higher court. It is a combination of the material facts of the case plus the court s decision.