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Case law

About case law

About case law

Case law, also termed 'common law', is distinguished from statute law. Case law is a primary source of law, developed over time by judges in superior courts. Each case or judgment delivered by these superior courts is the solution to the dispute between parties to the case. 

According to the doctrine of precedent, or stare decisis, decisions made in superior (higher) courts form precedents and inferior (lower) courts must follow these precedents. Once the judgment is delivered it becomes precedent that future disputes considering similar issues will be settled based upon the superior court judgment.

QUT Law Library video gives a great overview of case law [runtime 10:44min]