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?

<p>Common law (A)</p> Signup and view all the answers

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

<p>To act as a neutral arbiter and make a decision based on the evidence presented (D)</p> Signup and view all the answers

Which countries are associated with the inquisitorial system?

<p>France, Germany, Italy (D)</p> Signup and view all the answers

What is the primary role of parliament?

<p>To ensure the good government of citizens (C)</p> Signup and view all the answers

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

<p>Passage in identical form by both houses of parliament and assent by the Governor-General (B)</p> Signup and view all the answers

What is the purpose of delegated legislation?

<p>To allow parliament to focus on more serious issues (D)</p> Signup and view all the answers

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

<p>To advise the Governor-General (B)</p> Signup and view all the answers

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