Review of the doctrine of precedent in Australia

A single judge deciding a case in the Supreme Court of South Australia is not bound to follow the decision of a single judge of the District Court of South Australia.

• True

• False

What is the meaning of per incuriam? Select the most appropriate answer.

• Let the decision stand.

• The decision was made without regard to binding law.

• An incurable error.

• The court did not have jurisdiction to hear the matter.

True or false? When a state law is inconsistent with a Commonwealth law, the latter will prevail.

• True

• False

What is the meaning of stare decisis?

• To stare at a set of answers blankly because you can't decide which is correct.

• The comments made by a judge that have no bearing on the final decision.

• The term used when activist judges shift away from established precedent.

• To stand on what has been decided.

What are the justifications for the doctrine of precedent? (Select the most appropriate)

• Arbitrariness, equality, justice, efficiency.

• Certainty, flexibility, justice, efficiency.

• Certainty, equality, justice, efficiency.

• Certainty, inequality, justice, efficiency.

True or false? When interpreting Commonwealth legislation, an intermediate appellate court should follow the previous decision(s) of intermediate appellate court(s) in other jurisdictions, unless they are convinced that the decision is plainly wrong.

• True

• False

Which of the following cases will be strictly binding on the Court of Appeal of the Supreme Court of South Australia in deciding a relevantly similar matter?

• A v B, Full Court of the High Court of Australia

• C v D, Court of Appeal of the Supreme Court of South Australia

• E v F, Court of Appeal of the Supreme Court of Victoria

• G v H, Supreme Court of South Australia