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(b) That's right

You were asked to select the correct statement.

It is correct to say that the previous decisions made by a court give rise to case law because of the ‘doctrine of precedent’ and not because of any direct law-making power given to the courts.

It is incorrect to say that the decisions made by the courts give rise to ‘case law’ because the various Australian constitutions give the courts a law-making power.

It is incorrect to say that it is only the decisions of appeal courts that give rise to case law.  The decisions made by courts of first instance also create case law.

Give yourself one mark for this answer.

 

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