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Can the magistrate court make common laws? (1 Viewer)
- Thread starter fabl
- Start date
Squar3root
realest nigga
common law is is law derived from precedent and magistrate's court do make decisions so I guess yeah maube?
seremify007
Junior Member
Just won't have a huge amount of weight since none of the higher courts will really look at it.
Ye like the common law made in lower courts won't be binding, but become persuasive precedents for higher courts.
strawberrye
Premium Member
I think magistrate court is a bit of a weird term to use, particularly for the Australian legal system, a more appropriate word would be local courts. From my university study of law so far, the main purpose of courts is to interpret the law to resolve legal conflicts between different entities. With fundamental legal principles such as stare decisis (basically relating to the need to follow precedents), it is highly unlikely to successfully argue local courts 'make law', they more like develop law according to a series of precedents and the specific facts of the case.