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April 26, 2024, 10:15:33 pm

Author Topic: tribunals  (Read 625 times)  Share 

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panicatthelunchbar

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tribunals
« on: October 25, 2012, 06:18:16 pm »
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2010 exam question....are tribunals on the new study design for this year?

panicatthelunchbar

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Re: tribunals
« Reply #1 on: October 25, 2012, 06:46:48 pm »
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Also need help with this question. ;Critically examine the strengths flexibility and consistency of the doctrine of precedent'

randomuser

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Re: tribunals
« Reply #2 on: October 26, 2012, 05:39:51 pm »
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tribunals such VCAT are on the new study design and usually feature in the 10 mark question in relation to whether their more effective in the methods they use when resolving disputes than those used by courts.

For the critically examine if I were answering this question i'd address the strengths of consistency of the doctrine of precedent by writing about ratio decidendis and the principle of stare decisis as well as the fact that cases with similar material facts are usually treated in the same manner to ensure consistency. As for flexibility I'd refer to methods judges generally use to avoid being bound by precedents such as RODD (reversing, overruling, distinguishing and disapproving)

I'd also keep in mind that though it says critically examine the strengths, I'd also have to address each strength that I've mentioned's corresponding  weakness.
hope this helpssss.