4.1.1 Reasons for a Court hierarchy

Question 1

Reason 1:

Answer 1

A hierarchy allows the Doctrine of Precedent to operate

Question 2

Doctrine of Precedent:

Answer 2

The Doctrine of Precedent states that lower courts are bound to follow the decisions of higher courts in the same hierarchy when the material facts are similar. This ensures consistency, fairness and predictability as future parties can predict the outcome of future cases.

Question 3

Reason 2:

Answer 3

A hierarchy allows a system of appeals to operate.

Question 4

Appeals:

Answer 4

A court hierarchy allows for cases to be reviewed by higher courts which may reverse the lower courts decisions. This allows for the correction of errors made by lower courts.

Question 5

Appeals allow:

Answer 5

Flexibility

Question 6

Flexibility:

Answer 6

Courts have some flexibility in avoiding or developing precedent through reversing, overruling, distinguishing and disapproving.

Question 7

Reason 3:

Answer 7

The existence of a court hierarchy allows for court specialisation in terms of jurisdiction.

Question 8

Specialisation:

Answer 8

This means that judges are able to specialise or have expertise in certain matters.

Question 9

Specialisation Example:

Answer 9

Judges in the Supreme Court (Trial Division) will have expertise in the most serious indictable offences, such as murder