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May 31, 2020, 10:29:05 pm

Author Topic: STRUGGLE :(  (Read 481 times)  Share 

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« on: October 23, 2018, 07:43:12 pm »
Hi guys,

Can someone help me answer these questions please:

- Why is the requirement for standing important for a court to be able to make laws?

- Outline one reason as to why County Court does not have to follow the decision the Supreme Court (Court of Appeal) Victoria.



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« Reply #1 on: October 24, 2018, 12:09:54 am »
Hey :)

I answered that first question here https://atarnotes.com/forum/index.php?topic=35347.msg1074281#msg1074281

As for the second question, I'm assuming it's asking about distinguishing. Distinguishing is a method of avoiding a precedent by identifying material differences between the facts of the original case (the case where the precedent was set) and the current case. After a precedent is set in a court, such as the Supreme Court, it will be binding on all lower courts unless it is reversed or overruled by a higher court. However, if a lower court, such as the County Court didn't want to apply the precedent, they could distinguish between the facts of each case and determine that there are too many differences to be able to use the precedent, and so the original precedent stands, and a lower one is created.
I just noticed that this question was in the 2015 exam, and the report says that distinguishing was the most common answer, and others could have included that the precedent has since been overruled (invalidated in a different case by a higher court) or reversed (invalidated in the same case by a higher court on appeal), or abrogated by Parliament. You can choose any of those for this answer.