The Role and Function of Courts, Tribunals, and Other Dispute Resolution Mechanisms

Question 1

True/False:
Administrative tribunals are a part of court hierarchies and inevitably exist within a legal jurisdiction, whether federal or state.

Answer 1

False;
Administrative tribunals are NOT a part of court hierarchies, but inevitably exist within a legal jurisdiction, whether federal or state.

Question 2

True/False:

A route of appeal may lie from one inferior court to another.

Answer 2

True;

However, the doctrine of stare decisis does not apply between 2 inferior courts.

Question 3

Australian courts do not consider themselves bound by their own decision, but will depart from them only when _________.

Answer 3

only when they consider the decision ‘plainly wrong’.

Question 4

What are the 3 situations where there is a strong desirability for uniformity?

Answer 4

1. the common law
2. the interpretation of Commonwealth legislation
3. the interpretation of uniform national legislation

Question 5

In situations where there is a strong desirability for uniformity, the High Court has urged Australian courts to follow the decision of courts of ______ jurisdiction, unless they consider such a decision ‘clearly wrong’.

Answer 5

coordinate jurisdiction

Question 6

What does ‘ADR’ stand for?

Answer 6

Alternative Dispute Resolution

Question 7

What are some benefits of ADR?

Answer 7

• filters out majority of disputes before reaching court or tribunal
• if dispute is not settled through ADR, it can still aid the court system by narrowing issues or through preparation of case
• possibility of quicker resolution
• less expensive

Question 8

The _____ of High Court decisions are binding on all other Australian courts

Answer 8

ratio/rationes

Question 9

Most superior courts have both _____ and _____ jurisdiction.

Answer 9

original and appellate jurisdiction

Question 10

To say that a court is exercising its original jurisdiction means:

Answer 10

that it is hearing a case which has been taken directly to it without having first been heard by a lower court

Question 11

Appellate jurisdiction refers to

Answer 11

where a court is hearing an appeal against a decision of a court lower in its hierarchy

Question 12

What are some disadvantages to ADR?

Answer 12

• risk of unfairness: one party more powerful than other; either or both parties not acting bona fide
• development of law can suffer if some cutting-edge cases or those in public interest are diverted from formal justice system
• disputants and 3rd party interests lose protections provided by formal rules of procedure used in courts