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According to the doctrine of precedent, which of the following is INCORRECT?Question 4Answera.Decisions of courts at the same level in a court hierarchy are not binding authority between them.b.A persuasive precedent set by a lower court does not have to be followed by a higher court.c.Precedents from the High Court of Australia are only binding on Federal courts.d.A decision of the Victorian Court of Appeal is binding on any other court in Victoria, and is persuasive in relation to any other court of the country.

Question

According to the doctrine of precedent, which of the following is INCORRECT?Question 4Answera.Decisions of courts at the same level in a court hierarchy are not binding authority between them.b.A persuasive precedent set by a lower court does not have to be followed by a higher court.c.Precedents from the High Court of Australia are only binding on Federal courts.d.A decision of the Victorian Court of Appeal is binding on any other court in Victoria, and is persuasive in relation to any other court of the country.

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Solution

The incorrect statement is c. Precedents from the High Court of Australia are only binding on Federal courts. This is incorrect because the decisions of the High Court of Australia are binding on all courts in the country, not just Federal courts. The High Court is the highest court in the Australian judicial system, and its decisions create a binding precedent for all other courts to follow.

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Justice Jon Snow is a judge of the High Court of Australia. His Honour has heard both sides of the case before him and is about to make his decision. The lawyer for the plaintiff has cited a case from the Supreme Court of Victoria, with very similar facts to the present case, in which the plaintiff won the case.Which of the following statements about precedent is INCORRECT?Question 11Answera.The precedent cited by the plaintiff may have persuasive value, but does not have to be followed by Justice Snow.b.As the precedent cited by the plaintiff is materially similar to the case to be decided, Justice Snow is bound to decide the case in a manner which is consistent with the judgement of the Supreme Court of Victoria.c.As the Supreme Court of Victoria is below the High Court, Justice Snow is not bound to follow the decision.d.Once Justice Snow decides the case, this decision will become binding on all other courts in Australia.

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