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Unit 3 Area of Study 3 (Sub-Topics/Content (Effects of statutory…

- - - - The operation of the doctrine of precedent
    - - Identify, describe, and explain
    - - Distinguishing
      - Reversing
      - Disapproving
      - Overruling
  - - - Practice Question: Explain the difference between persuasive and binding precedent as it relates to the above scenario.(4 marks)
        
        Practice Question: Explain the principle of the doctrine of precedent. (4 marks)
        
        This means that you should be either explaining the doctrine of precedent as a whole (including the flexibility of precedent (8 marks)
        
        For a four mark question, you may only need to talk about binding and persuasive precedent
    - - Explain, evaluate, discuss, analyse
    - - This is what forms the precedent
    - - This can form a part of the persuasive precedent
      - These are statements that are made 'by the way'
    - - Both cases use the principle that the manufacturer owes a duty of care to the ultimate customer
    - - Explain (explain the facts of the cases), identify
  - - - Explain, describe, identify
    - - Explain (2 - 3 marks)
  - - - Analyse, discuss, explain
  - - - Evaluate, discuss, and perhaps analyse
  - - - Explain, describe, identify, compare and contrast
    - - Discuss the relationship between courts and the parliament in law-making
        
        This could be four to ten marks
        
        When it asks for the relationship, you need to refer to one relationship as stated above. These relationships are all worth two marks (meaning that if the question was eight marks, then you need to have four relationships)
        
        Sample:
        Introduction
        
        Courts and parliament have several effective and ineffective relationships between them to some extent
        
        Body:
        
        Identify the relationship in one sentence
        
        Describe the relationship. This is different to an evaluation or discuss question as there needs to be more detail
        
        The explanation of the relationship is different to the positive and negative that you refer to later in the evaluation
        
        After this there is the positive, the change of direction word, and then the negative
        
        In the positive and the negative, make sure you paraphrase (in one or two words) the relationship that you are talking about