The Courts (VCE SSCE Legal Studies): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What does the Latin phrase 'stare decisis' mean?
What does the Latin phrase 'stare decisis' mean?
To stand by things decided
Which mechanism allows judges to avoid following a precedent by showing the facts differ?
Which mechanism allows judges to avoid following a precedent by showing the facts differ?
Distinguishing
What is ratio decidendi?
What is ratio decidendi?
Legal reasoning forming binding precedent
What are dissenting judges?
What are dissenting judges?
Judges who disagree with majority decision
What is obiter dictum?
What is obiter dictum?
Comments not forming binding precedent
What does ex post facto mean in court law-making?
What does ex post facto mean in court law-making?
Courts make law after the event
Can parliament abrogate common law made by courts?
Can parliament abrogate common law made by courts?
Yes, except High Court constitutional rulings
Which courts can make law through establishing binding precedents?
Which courts can make law through establishing binding precedents?
Superior courts (Supreme Court or higher)
How does precedent enable law-making through consistency?
How does precedent enable law-making through consistency?
Parties can predict outcomes from past cases
What restricts lower courts' law-making ability?
What restricts lower courts' law-making ability?
Must follow binding precedents from higher courts