Features of the Doctrine of Precedent (VCE SSCE Legal Studies): Quizzes
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Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What is the doctrine of precedent?
What is the doctrine of precedent?
System where lower courts follow higher courts
What are material facts in a case?
What are material facts in a case?
Essential facts critical to the court's decision
Which courts are Victorian superior courts?
Which courts are Victorian superior courts?
Supreme Court & High Court of Australia
Why does the doctrine of precedent promote predictability?
Why does the doctrine of precedent promote predictability?
Lawyers can advise on likely outcomes
When must a court follow a binding precedent?
When must a court follow a binding precedent?
From superior court with similar material facts
What does ratio decidendi mean?
What does ratio decidendi mean?
The reason for the decision
What is a persuasive precedent?
What is a persuasive precedent?
Reasoning not binding but may influence decision
What is the difference between reversing and overruling?
What is the difference between reversing and overruling?
Reversing is same case, overruling is different
How does a judge distinguish a precedent?
How does a judge distinguish a precedent?
By finding different material facts
Why can't juries create precedents?
Why can't juries create precedents?
They don't decide law or give legal reasoning