* The role of the Victorian courts and high court in law-making.

Question 1

Which courts can make law?

Answer 1

Judges in superior courts (supreme court or the high court) are able to sometimes make law when settling cases.
Such laws are known as common law, judge-made law, or case-made law.

Question 2

When do the courts make law?

Answer 2

1. The courts can make a law, when resolving a dispute in which there is no existing statue, and therefore might need to expand on an existing legal principal, so that it can be applied to the new situation.
2. When resolving a dispute for which there is a statue, but the words of the statue need to be interpreted. This can result in the words or phrases of the statue becoming narrowed. This allows a new law to be made by creating a new legal principal to be followed in the future.

Question 3

What is the Doctrine of Precedent?

Answer 3

The doctrine of precedent is the common law principal by which the reasons for decisions of the higher courts, are binding on courts ranked lower, in the same hierarchy, in cases where material facts are similar.

Question 4

What is the purpose of doctrine of precedent?

Answer 4

The purpose of doctrine of precedent is to create consistency and predicability. So a party can anticipate how the law may apply to their situation and have some idea of the outcome because similar cases are decided in a similar manner.