Explain one reason why the County Court of Victoria may not be bound by a decision of the Supreme Court of Victoria (Trial Division). - VCE - SSCE Legal Studies - Question 2 - 2015 - Paper 1
Question 2
Explain one reason why the County Court of Victoria may not be bound by a decision of the Supreme Court of Victoria (Trial Division).
Worked Solution & Example Answer:Explain one reason why the County Court of Victoria may not be bound by a decision of the Supreme Court of Victoria (Trial Division). - VCE - SSCE Legal Studies - Question 2 - 2015 - Paper 1
Step 1
Distinguishing Precedent
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Answer
One reason the County Court of Victoria may not be bound by a decision of the Supreme Court of Victoria (Trial Division) is if the case in the Supreme Court has been distinguished or reversed. If the facts of the County Court case are substantially different from those in the Supreme Court decision, the County Court can interpret the law differently, thereby not being obliged to follow that particular precedent.