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January 18, 2020, 08:17:24 am

Author Topic: Help with a 10 mark question  (Read 369 times)  Share 

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DavidDenik

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Help with a 10 mark question
« on: September 09, 2019, 02:25:24 pm »
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Hey guys,
How would I go about structuring and answering this question.. ‘Analyse the extent to which judges must follow precedent’ (10 marks)
Any help will be much appreciated!

Dorky_Vampy827

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Re: Help with a 10 mark question
« Reply #1 on: November 11, 2019, 04:51:18 pm »
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Hello! I would structure my response in a similar fashion to a discuss the extent to which response, and consider making the following points:
   • Judges of inferior courts are bound by precedent to a significant extent, due to the doctrine of precedent 
   • Furthermore, these courts do not have law-making power, so can only apply existing law, such as precedents
   • However, this is only in material fact-like cases
   • Furthermore, judges in inferior courts can avoid following precedents by distinguishing material facts
   
   • However, judges in superior courts are required to follow precedent to a limited extent
   • This is because they will often need to clarify or refine a precedent even in its application, meaning they are changing precedents very often
   • Furthermore, superior courts of record are bound by a lesser range of precedents, as there are less superior courts with more authority than them in the court hierarchy
   • Despite this, judges in superior courts may still be required to follow precedent, particularly in criminal law
   • This is because precedents are mainly established in appeal cases, when juries are not present, due to that when they are present they are the decider of facts and do not provide a legal reasoning for their judgement
   • Because most criminal appeal cases are heard in the Court of Appeal, with the exception of appeals from the Magistrates' Court on a point of law, judges in the Supreme Court trial division are still bound by precedents set in the court of appeal