AOS2B - Courts/Parliament Relationship

What is the main role of parliament?

• Initiate and pass bills

• Hold royal commissions

• Debate issues

• Act as a house of review

Select all that form part of a precedent:

• Ratio decidendi

• Locus standi

• Obiter dictum

• Stare decisis

• Bona fide

What is a precedent?

• A legal rule that can be persuasive on other judges

• An example of statute law

• A legal decision that establishes a new principle to be followed

• A binding decision that all other courts must follow

What is a binding precedent?

• The legal reasoning for a decision that must be followed by a lower court in the same jurisdiction when material facts are similar

• The legal reasoning for a decision that must be followed by a lower court in the same jurisdiction when material facts are the same

• The legal reasoning for a decision that must be followed by a lower court in a different jurisdiction when material facts are similar

• The legal reasoning for a decision that must be followed by a higher court in the same jurisdiction when material facts are the same

How is a persuasive precedent defined?

• A precedent that is really convincing

• A precedent that is not binding but may influence a court's ruling

• A precedent from outside of Australia

• A precedent from parliament

Is this a persuasive precedent?

The Victorian Supreme Court follow a precedent made by the United States Supreme Court.

• Yes

• No

What case from the UK was used as a persuasive precedent in the Grant v Australian Knitting Mills case?

(a)  

Grant v Australian Knitting Mills was heard in the...

• County Court of South Australia

• County Court of Victoria

• Federal Court of Australia

• High Court of Australia

Which of the following are names for court made law?

• Statute

• Statutory interpretation

• Common law

• Statute law

• Precedent

A judge may be able to avoid following an existing binding precedent if he or she can find a difference in the material facts of the case. This is known as...

• Reversing a precedent

• Overruling a precedent

• Distinguishing a precedent

• Disapproving a precedent