Which of the following is legally bound by a precedent set by the High Court in a matter of NSW criminal law?
(A) The NSW Parliament
(B) The Australian Parliament
(C) A foreign national living in NSW
(D) A NSW resident on holiday in Tasmania - HSC - SSCE Legal Studies - Question 7 - 2006 - Paper 1
Question 7
Which of the following is legally bound by a precedent set by the High Court in a matter of NSW criminal law?
(A) The NSW Parliament
(B) The Australian Parliament
(C... show full transcript
Worked Solution & Example Answer:Which of the following is legally bound by a precedent set by the High Court in a matter of NSW criminal law?
(A) The NSW Parliament
(B) The Australian Parliament
(C) A foreign national living in NSW
(D) A NSW resident on holiday in Tasmania - HSC - SSCE Legal Studies - Question 7 - 2006 - Paper 1
Step 1
Identify the relevant parties
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Answer
The question asks which of the parties listed is legally bound by a precedent set by the High Court. The High Court's decisions are binding on all lower courts in the state of New South Wales (NSW) and hold significant authority in interpreting the law within that jurisdiction.
Step 2
Analyze the options
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Answer
Option (A) The NSW Parliament is not legally bound by the High Court's precedents as it has the power to legislate independently of the court's rulings. Option (B) The Australian Parliament, similar to the NSW Parliament, operates on a national level and is also not subject to NSW law. Option (D) A NSW resident on holiday in Tasmania operates under the jurisdiction of Tasmanian law while on holiday, and thus is not directly bound by the NSW precedents.
Step 3
Determine the correct answer
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Answer
Option (C) A foreign national living in NSW is legally bound by precedents set by the High Court in matters of NSW criminal law, as they fall under the jurisdiction of NSW laws and courts.