Question

1. In your own words, explain the difference between a binding and persuasive precedent. Would the District Court WA(Australia) be bound to decisions made by the Supreme Court NSW(Australia)? Why or why not?

Answer 1

The basic difference between the binding and persuasive precedent is that in case if binding precedent, the courts are required to follow the earlier judgments provided by the other courts as per the hierarchy, for instance, Court of Appeal will be required to follow the precedent made by the higher court.

On the other hand, in the case of persuasive precedents, the judges can take note of earlier judgments but they are not bound to follow them.

Yes, as the District Court WA(Australia) is at lower hierarchy than  the Supreme Court NSW(Australia) so the clause of binding precedent will be applied and thus the decision of  the Supreme Court NSW(Australia) has to be followed by the District Court WA(Australia)

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