Courts (VCE SSCE Legal Studies): Flashcards

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Courts
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Court hierarchy

Ranking of courts lowest to highest by seriousness/complexity

Lowest state court in Victoria

Magistrates' Court

Highest state court in Victoria

Supreme Court

Final court of appeal in Australia

High Court of Australia

Jurisdiction of a court

Lawful authority/power to decide legal cases

Primary role of courts

Resolving cases and disputes

Secondary role of courts

Making common law/case law/judge-made law

Ratio decidendi

The reason for decision; binding part of precedent

Binding precedent

Legal reasoning from higher court that must be followed

Distinguishing a precedent

Identifying different material facts to reach different decision

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