Practice SAC Questions Flashcards

1
Q

How does ratio decidendi affect precedent?

A

Forms the precedent of the judgement that is binding on courts lower in the court hierarchy.

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2
Q

Which court hears disputes over $200,000?

A

Supreme Court.

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3
Q

Which court hears disputes over $100,000?

A

County Court.

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4
Q

Which court hears disputes from $10,000 - $100,000?

A

Magistrates’ Court.

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5
Q

Appeals are heard on the basis of what?

A
  • Point of law.
  • Matter of fact.
  • Amount of damages.
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6
Q

List the avenues a person could take if their civil rights were infringed.

A
  • Self-help.
  • Negotiation.
  • Out-of-court settlement.
  • Dispute resolution.
  • Referral to a solicitor.
  • Litigation.
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7
Q

Explain the avenue of out-of-court settlement.

A

Where the two parties agree on a resolution prior to the court decision being made.

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8
Q

Explain the avenue of dispute resolution.

A

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.

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9
Q

Explain the avenue of referral to a solicitor.

A

Where a party seeks legal advice on the issue/incident.

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10
Q

Explain the avenue of litigation.

A

Where both parties take action through the court.

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11
Q

Explain the avenue of negotiation.

A

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.

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