LA1102 Workshop 3

In a court case, issues of fact are:

• determined by agreement by the parties to the case

• never determined by a jury

• always determined by the judge

• traditionally determined by jury, but sometimes by a judge sitting alone

In a court case, issues are law are:

• determined by the jury

• determined by a judge and the lawyers together

• always determined by the judge

• determined by the jury and judge together

What is the ratio of a court's decision?

• A mathematical equation to analyse the court's devision

• The percentage of a court's decision that deals with the law

• The percentage of a court's decision that deals with facts

• The reason(s) of the court's decision

Obiter dictum means the part of the court's decision that is:

• binding on lower courts in the same hierarchy

• merely persuasive

• part of an omnibus decision

Judgments from courts in the New South Wales hierarchy are binding on any court in the Queensland hierarchy.

• True

• False

Judgments from courts in the Tasmanian hierarchy are persuasive on any court in the Queensland hierarchy.

• True

• False

The obiter dictum of a superior court is persuasive on lower courts in the same hierarchy.

• False

• True

Three advantages of stare decisis (the doctrine of precedent) is that it:

• promotes the role of courts to the public

• promotes the role of lawyers

• publicises the hard work law students do

• promotes efficiency, certainty and appearance of justice

A disadvantage of stare decisis (the doctrine of precedent) is:

• It forces lawyers to charge their clients for having to read a whole court judgement

• A judge must apply the rule of a superior court in the same hierarchy, even if it is thought to be wrong, unjust or unwise.

• It forces busy law law students to read a whole court judgement.