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  • Essay / The common law system in the Australian legal system

    It is based on principles and doctrines such as separation of powers, procedural fairness and judicial precedent (Akpet, 2011 p73). Judicial precedent is more commonly known as the doctrine of precedent, which holds that judges are required to decide each case based on similar prior cases and decisions. If the facts of the previous cases were not exactly the same, the judge could still compare the situations and apply a common principle or develop a new principle that was reasonably similar for the new facts. In Australia, where there is a hierarchy of courts, a decision of a higher court is binding on lower courts (James, Muston & Rice, 2014). In a common law system, disputes are resolved through an adversarial exchange of arguments and evidence. Both parties and/or their legal representatives present their cases before a neutral investigator, either a judge (or a judge and jury). The judge or jury evaluates the evidence, applies the appropriate law to the facts, and renders judgment in favor of one of the parties. Following the decision, either party may appeal the decision to a higher court. Appellate courts in a common law system can only review conclusions of law, not determinations of fact (TheFreeDictionary.com,