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Australian Law: Understanding Common Law and the Doctrine of Precedent

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Australian Law: Understanding Common Law and the Doctrine of Precedent

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Questions and Answers

What is the primary goal of the Doctrine of Precedent in the common law system?

To provide a framework for judicial interpretation of statutory laws

To give judges the freedom to make unilateral decisions

To restrict judges to determining the outcome of a case based on previous similar cases (correct)

To promote the adversarial system of trial

What is the term for the legal basis or reasoning underlying a judicial or administrative decision?

Obiter dicta

Ratio decidendi (correct)

Doctrine of Precedent

Judicial interpretation

In the adversarial system of trial, who bears the burden of proof in criminal disputes?

Defense

Judge

Plaintiff

Prosecution (correct)

What is the term for the creation of laws by judges as a result of making a decision about a case they are presiding over?

Common law Signup and view all the answers

In the adversarial system of trial, what is the role of the judge or jury?

To act as a neutral arbiter and make a decision based on the evidence presented Signup and view all the answers

Which countries are associated with the inquisitorial system?

France, Germany, Italy Signup and view all the answers

What is the primary role of parliament?

To ensure the good government of citizens Signup and view all the answers

What is necessary for a Bill to become an Act of Parliament?

Passage in identical form by both houses of parliament and assent by the Governor-General Signup and view all the answers

What is the purpose of delegated legislation?

To allow parliament to focus on more serious issues Signup and view all the answers

What is the role of the executive council in the legislative process?

To advise the Governor-General Signup and view all the answers