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In a recent decision the Victorian Supreme Court (Trial Division) established a new precedent - VCE - SSCE Legal Studies - Question 8 - 2011 - Paper 1
Question 8
In a recent decision the Victorian Supreme Court (Trial Division) established a new precedent. a. Outline the original jurisdiction of the Victorian Supreme Court (... show full transcript
Worked Solution & Example Answer:In a recent decision the Victorian Supreme Court (Trial Division) established a new precedent - VCE - SSCE Legal Studies - Question 8 - 2011 - Paper 1
Step 1
Outline the original jurisdiction of the Victorian Supreme Court (Trial Division).
Answer
The original jurisdiction of the Victorian Supreme Court (Trial Division) encompasses the authority to hear and determine cases in the first instance, meaning it is the first court to hear a case. This includes:
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Civil Jurisdiction: The ability to resolve civil disputes, such as personal injury claims, contract disputes, and family law matters. The court can hear matters involving significant amounts of money or legal issues, as it holds jurisdiction in civil cases with claims exceeding a specified financial threshold.
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Criminal Jurisdiction: This involves the ability to conduct trials for serious criminal offenses, including indictable offenses. However, it should be noted that some less serious offenses may be referred to lower courts. The Supreme Court has the power to preside over significant criminal cases where the stakes are high, and penalties can be severe.
In short, the original jurisdiction reflects the court's foundational role in addressing both civil and criminal matters that arise under Victorian law.
Step 2
To what extent are judges bound to follow the new precedent in future cases with similar fact situations? Justify your answer.
Answer
Judges are generally bound to follow the legal principles established in precedents set by higher courts within the same jurisdiction. This principle, known as stare decisis, ensures consistency and predictability in the law. In relation to the new precedent established by the Victorian Supreme Court (Trial Division):
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Hierarchy of Courts: Judges in lower courts, such as the Magistrates' Court or County Court, are required to adhere to the decisions made by the Supreme Court (Trial Division). This means that they must follow the new precedent when faced with similar factual situations.
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Court of Appeal and High Court: Judges are also more likely to be bound by the decisions of the Court of Appeal and the High Court, as these are higher courts that set binding precedents that lower courts must follow.
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Distinguishing Cases: However, judges may not be bound to follow the new precedent if they can establish that the current case has significant differences in fact or law, allowing them to distinguish it from the precedent.
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Disapproval of Precedent: If a court finds a precedent problematic or inappropriate, it may express disapproval, and while it is not required to follow such precedent, it should do so until a higher court has overturned that precedent.
In conclusion, judges must follow the new precedent unless they can justify a legitimate distinction, thereby allowing them flexibility while maintaining legal consistency.