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'The court hierarchy is essential for the operation of the doctrine of precedent.' a - VCE - SSCE Legal Studies - Question 1 - 2013 - Paper 1
Question 1
'The court hierarchy is essential for the operation of the doctrine of precedent.' a. Other than ensuring the operation of the doctrine of precedent, describe one r... show full transcript
Worked Solution & Example Answer:'The court hierarchy is essential for the operation of the doctrine of precedent.' a - VCE - SSCE Legal Studies - Question 1 - 2013 - Paper 1
Step 1
Other than ensuring the operation of the doctrine of precedent, describe one reason for a court hierarchy.
Answer
One important reason for a court hierarchy is administrative convenience. This concept refers to the benefits of structuring the court system to manage cases efficiently. For example, most minor criminal cases are handled in the Magistrates' Court, which allows for a more streamlined process that prevents congestion in higher courts. This hierarchy ensures that cases are dealt with at the appropriately designated level, thereby improving the overall functionality of the judicial system.
Step 2
Outline why the Supreme Court (Court of Appeal) does not have to follow its previous decisions.
Answer
The Supreme Court (Court of Appeal) does not have to follow its previous decisions due to its capacity for judicial discretion. The court can choose to overturn its past rulings if it identifies that a previous decision was incorrect or no longer relevant in light of changing societal values or legal principles. This flexibility allows the court to adapt the law to contemporary issues, ensuring justice is served in a way that reflects modern understandings.