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Flashcards in Practice SAC Questions Deck (11)
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1

How does ratio decidendi affect precedent?

Forms the precedent of the judgement that is binding on courts lower in the court hierarchy.

2

Which court hears disputes over $200,000?

Supreme Court.

3

Which court hears disputes over $100,000?

County Court.

4

Which court hears disputes from $10,000 - $100,000?

Magistrates' Court.

5

Appeals are heard on the basis of what?

- Point of law.
- Matter of fact.
- Amount of damages.

6

List the avenues a person could take if their civil rights were infringed.

- Self-help.
- Negotiation.
- Out-of-court settlement.
- Dispute resolution.
- Referral to a solicitor.
- Litigation.

7

Explain the avenue of out-of-court settlement.

Where the two parties agree on a resolution prior to the court decision being made.

8

Explain the avenue of dispute resolution.

Includes mediation (mediator/third party gets the two parties discussing) and conciliation (mediator suggests compromises) to resolve issues prior to the case being heard in court.

9

Explain the avenue of referral to a solicitor.

Where a party seeks legal advice on the issue/incident.

10

Explain the avenue of litigation.

Where both parties take action through the court.

11

Explain the avenue of negotiation.

Where the parties to a dispute negotiate an agreement of their own; may seek legal advice and hire lawyers to represent them during the process.