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Chapter 2 - The Australian court system. The main contents of the chapter consist of the following: Doctrine of precedent, basis of precedent, precedents, jurisdiction, importance of a court hierarchy, court hierarchy, specialist tribunals,. | This is the prescribed textbook for your course. Available NOW at your campus bookstore! 2- Copyright © 2000 McGraw-Hill Australia The Australian court system Chapter 2 Doctrine of precedent (Stare decisis) Courts should treat similar cases in similar fashion. Results in: Precedent - a judgement of a court cited as authority for the legal principle embodied in the decision. 2- Copyright © 2000 McGraw-Hill Australia Basis of precedent Ratio decidendi - The reason for the decision made by the judges Obiter dictum - Observations made by judges in explaining or further clarifying their decisions 2- Copyright © 2000 McGraw-Hill Australia Precedents Binding Precedent - Courts must follow the ratio decidendi of judgements made in higher courts in the same court hierarchy. Persuasive Precedent - Courts may follow the ratio decidendi of all other courts not higher in the same court hierarchy, or the obiter dicta of all courts. 2- Copyright © 2000 McGraw-Hill Australia Jurisdiction Original Jurisdiction - Certain matters can be heard for the first time. Appellate Jurisdiction - Hearing a matter on appeal from another court. 2- Copyright © 2000 McGraw-Hill Australia Importance of a court hierarchy Serious matters are heard by higher courts with more experienced judges. Ensures doctrine of precedent can operate through appellate jurisdiction. Allows appeals against decisions on the basis of mistakes of law. Allows for specialisation. 2- Copyright © 2000 McGraw-Hill Australia Court hierarchy High Court of Australia Federal Court of Australia Family Court of Australia Supreme Courts Industrial Division General Division District Courts Magistrates and Local Courts Federal Magistrates Court 2- Copyright © 2000 McGraw-Hill Australia Specialist tribunals Federal levels The Administrative Appeals Tribunal – Reviews decisions of Commonwealth Departments and Statutory Bodies The Australian Competition and Consumer Commission (ACCC) – Enforces the . | This is the prescribed textbook for your course. Available NOW at your campus bookstore! 2- Copyright © 2000 McGraw-Hill Australia The Australian court system Chapter 2 Doctrine of precedent (Stare decisis) Courts should treat similar cases in similar fashion. Results in: Precedent - a judgement of a court cited as authority for the legal principle embodied in the decision. 2- Copyright © 2000 McGraw-Hill Australia Basis of precedent Ratio decidendi - The reason for the decision made by the judges Obiter dictum - Observations made by judges in explaining or further clarifying their decisions 2- Copyright © 2000 McGraw-Hill Australia Precedents Binding Precedent - Courts must follow the ratio decidendi of judgements made in higher courts in the same court hierarchy. Persuasive Precedent - Courts may follow the ratio decidendi of all other courts not higher in the same court hierarchy, or the obiter dicta of all courts. 2- Copyright © 2000 McGraw-Hill Australia .
