1.4 courts

Question 1

how are courts involved in law making

Answer 1

The doctrine of precedent is the fundamental basis of the law applied by the judiciary, which specifies that a court should apply the rulings of previous cases in situations where the facts are the same.

Question 2

what is common law

Answer 2

The common law relies on the principle of precedent. This means that courts are to be guided by previous decisions of courts, particularly courts that have higher authority. So, the extent that common law is written down is that it is found in decisions of courts.

Question 3

what are reasons for court hierarchy (appeal)

Answer 3

A court hierarchy provides a clear system for appeals. Lower courts hear cases first, and if parties are dissatisfied with the outcome, they can appeal to a higher court. This ensures that there is an avenue for correcting errors and ensuring fairness.

Question 4

what are reasons for court hierarchy (administrative convenience)

Answer 4

The court hierarchy helps manage the volume of cases. Lower courts deal with less serious or complex cases, while higher courts handle more serious or complicated matters. This reduces the workload on higher courts and ensures that cases are heard at the appropriate level.

Question 5

what are reasons for court hierarchy (precedants)

Answer 5

In a hierarchical court system, decisions made by higher courts, particularly the High Court of Australia, serve as precedents for lower courts. This helps maintain consistency and predictability in the legal system.