The aggregate of reported cases as forming a body of jurisprudence, or law of a particular subject as evidenced by adjudicated cases, in distinction to statutes and other sources of law. ( Blacks Law Dictionary )
In simpler terms: The legal principals established by written opinions of Judges in individual cases. The decisions of higher courts are binding on lower courts. This rule is called STARE DESCISIS. It means that the decisions act like law in the same way Statutes are law.
Simpler yet: Statutes are laws written by the legislatures. They are published in a book that deals with rules and regulations. The law's effect, interpretation, special circumstances and constitutionality can only be tested when an appealed issue to a ruling is brought before the High Court in a contested case. The rulings the High Court then makes becomes case law which "guides the lower courts". (if hitting someone over the head with a baseball bat is 'guiding', then I'll eat my hat)
The Tipmra uses applicable Case Laws where necessary. There are 42 of them that apply directly to the evidence in a speeding trial. They guide your trial Judge as to high court rulings as to the admissibility of the evidence against you. Should the foundation to the evidence comply with the rulings, then you will be found guilty. Should the foundation be lacking as to the high court rulings then the evidence will become inadmissible and the case against you dismissed. (read trial transcript - 1 to see how this works at trial)
Note: When you present case law in court you must present a complete and unedited copy, otherwise it will not be considered. (the tipmra has them complete)
If you learned something here, congratulations, you are one step closer to beating your speeding ticket.
(You also get access to the full legal online library using my paid subscription to research Case Law if you so desire)
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