According to the Doctrine of Precedent,courts Are Bound to Follow

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The Answer is There are several ways in which a lawyer might attempt to manipulate the system of precedent in Australian trials to obtain a desired result for their client. One way is through distinguishing the facts of the current case from the facts of the precedent case. By arguing that the current case has unique circumstances that warrant a different outcome, a lawyer may be able to persuade the court to depart from the precedent.

Another tactic is to challenge the validity of the precedent itself. Lawyers may argue that the precedent was decided incorrectly or that it is no longer applicable due to changes in societal norms or legal principles. This can be done by presenting new evidence or legal arguments that undermine the reasoning behind the precedent.

Lawyers may also seek to influence the development of precedent by strategically choosing which cases to bring before the courts. By selecting cases with favorable facts and legal issues, lawyers can attempt to shape the direction of future precedent in a way that benefits their clients.

Additionally, lawyers may engage in forum shopping, which involves strategically choosing the court in which to bring a case based on the likelihood of obtaining a favorable precedent. By selecting a court with a history of issuing decisions that align with their client's interests, lawyers can increase the chances of obtaining a desired result.

It is important to note that while these tactics may be used to influence the application of precedent, they must be done within the bounds of ethical and professional conduct. Ultimately, the manipulation of precedent should be done in service of advocating for the best interests of the client within the confines of the law.

According to the Doctrine of Precedent,courts Are Bound to Follow

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