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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 ... 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 significant reason for having a court hierarchy is administrative convenience. This refers to the organization of the courts in a manner that allows for more efficient handling of cases. For instance, the majority of crimes take place in society that are minor in nature and would typically be handled by lower courts, such as the Magistrates' Court. By having this hierarchical structure, the system can allocate crimes and issues to the appropriate level of court, preventing clogging in the higher courts, which would otherwise affect the legal process.
Step 2
Outline why the Supreme Court (Court of Appeal) does not have to follow its previous decisions.
Answer
The Supreme Court has the flexibility to deviate from its previous decisions due to the principle of judicial discretion. As the highest court, it may choose to overrule its past rulings to ensure justice is served or to reflect changing societal values and legal interpretations. This means that while consistency is important, the Court recognizes cases where adjustments are necessary to better align with contemporary legal standards.