Practice SAC Questions Flashcards
How does ratio decidendi affect precedent?
Forms the precedent of the judgement that is binding on courts lower in the court hierarchy.
Which court hears disputes over $200,000?
Supreme Court.
Which court hears disputes over $100,000?
County Court.
Which court hears disputes from $10,000 - $100,000?
Magistrates’ Court.
Appeals are heard on the basis of what?
- Point of law.
- Matter of fact.
- Amount of damages.
List the avenues a person could take if their civil rights were infringed.
- Self-help.
- Negotiation.
- Out-of-court settlement.
- Dispute resolution.
- Referral to a solicitor.
- Litigation.
Explain the avenue of out-of-court settlement.
Where the two parties agree on a resolution prior to the court decision being made.
Explain the avenue of dispute resolution.
Includes mediation (mediator/third party gets the two parties discussing) and conciliation (mediator suggests compromises) to resolve issues prior to the case being heard in court.
Explain the avenue of referral to a solicitor.
Where a party seeks legal advice on the issue/incident.
Explain the avenue of litigation.
Where both parties take action through the court.
Explain the avenue of negotiation.
Where the parties to a dispute negotiate an agreement of their own; may seek legal advice and hire lawyers to represent them during the process.