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LA1102 Workshop 4

Authored by Barry Yau

Social Studies

University

Used 1+ times

LA1102 Workshop 4
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8 questions

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1.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

The High Court is bound by its own past decisions

True

False

2.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

The High Court is reluctant to depart from its own past decisions

True

False

3.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Based on John v Federal Commissioner of Taxation (1989) 166 CLR 417 what is one of the reasons that the High Court can be persuaded to part from its own past decisions:

 earlier decisions did not rest upon a principle carefully worked out in a significant succession of cases

earlier decisions were heard before the internet was invented

earlier decisions were heard by High Court judges who are now deceased

earlier decisions were heard by High Court judges of the wrong political persuasion.

4.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Based on Borg v Muscat [1972] Qd R 253, the Queensland Court of Appeal will only depart from one of its own past decisions if:

The past decision was considered unjust by civil libertarians

The past decision has been harshly criticised by legalists

The past decision is clearly wrong

The past decision was made before email was invented

5.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

What is one reason a state or territory court in one jurisdiction should give serious consideration to similar decisions in other Australian jurisdictions:

To avoid interstate border disputes

To save the work of judges having to write new judgements

The state or territory court in the other jurisdiction has considered legislation similar to that passed around Australia

To limit the amount of time judges needs to spend on research

6.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Per incuriam means:

“through want of care”

“overly curious”

“very curious”

“per annum”

7.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

A decision of any court in another country is binding on Australian courts:

True

False

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