Contemporary Legal Systems Quiz
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Questions and Answers

What is the primary function of the Legislative branch?

  • To interpret the law
  • To make and change the law (correct)
  • To enforce the law
  • To mediate disputes

    • Which of the following best describes the role of the High Court of Australia?

  • To enforce international law
  • To oversee other courts
  • To create new laws
  • To interpret and apply the Constitution (correct)

    • Which statement about customary laws is true?

  • They are legally recognized in Australia
  • They have a single uniform code across all tribes
  • They are integrated into the Australian legal system (correct)
  • They are solely for environmental law

    • What dictates the proper ways to interact within Aboriginal communities?

    <p>Kinship</p> Signup and view all the answers

    In conflict resolution, what is the role of mediation?

    <p>To facilitate communication between parties</p> Signup and view all the answers

    What is a key characteristic of Aboriginal customary laws?

    <p>They are based on spiritual connections to the land</p> Signup and view all the answers

    What does arbitration involve in conflict resolution?

    <p>A third party makes a binding decision</p> Signup and view all the answers

    What happens when sacred law is broken among Aboriginal people?

    <p>Elders often impose sanctions</p> Signup and view all the answers

    Which court deals with the most serious criminal matters without any monetary limits?

    <p>Supreme Court</p> Signup and view all the answers

    What is the primary role of the Parliament in the law-making process?

    <p>Debate proposed legislation and pass or reject it</p> Signup and view all the answers

    What type of jurisdiction allows courts to hear cases for the first time?

    <p>Original jurisdiction</p> Signup and view all the answers

    What does a committal hearing determine?

    <p>Whether there is enough evidence for a trial</p> Signup and view all the answers

    Which of the following is an example of a summary offence?

    <p>Careless driving</p> Signup and view all the answers

    Which type of court specializes in cases involving environmental law in New South Wales?

    <p>Land and Environment Court</p> Signup and view all the answers

    What type of parliament consists of a single house or assembly?

    <p>Unicameral</p> Signup and view all the answers

    Who represents the King in Australia?

    <p>Governor-General</p> Signup and view all the answers

    What is the authority of courts to review appeals from lower court decisions called?

    <p>Appellate jurisdiction</p> Signup and view all the answers

    What type of court hears civil matters concerning the protection and care of children?

    <p>Children’s Court</p> Signup and view all the answers

    What is the primary characteristic of tyranny as defined?

    <p>Rule by a single leader holding absolute power</p> Signup and view all the answers

    What does common law refer to?

    <p>Laws created in court based on judge's decisions</p> Signup and view all the answers

    What is the significance of the doctrine of precedent?

    <p>It promotes consistency in decision-making by judges.</p> Signup and view all the answers

    What does 'stare decisis' require from lower courts?

    <p>To follow the decisions of higher courts</p> Signup and view all the answers

    Which of the following statements about the role of a jury is accurate?

    <p>A jury’s role is to deliver a verdict based on evidence presented.</p> Signup and view all the answers

    In an adversarial system, who determines the burden of proof?

    <p>The prosecution or plaintiff</p> Signup and view all the answers

    What is the meaning of 'obiter dicta' in judicial decisions?

    <p>Statements from a judge that are incidental to the main issue</p> Signup and view all the answers

    How does the inquisitorial system differ from the adversarial system?

    <p>All evidence is actively gathered and evaluated by the judge.</p> Signup and view all the answers

    What was the primary violation found in the Toonen v Australia case?

    <p>Violation of Article 26 of the ICCPR</p> Signup and view all the answers

    What legislative act was passed as a result of Tasmania's refusal to repeal certain laws?

    <p>Human Rights (Sexual Conduct) Act 1994</p> Signup and view all the answers

    Which branch of law includes the body of rules that punish certain acts or omissions?

    <p>Criminal law</p> Signup and view all the answers

    What does administrative law NOT allow individuals to challenge?

    <p>The policies themselves</p> Signup and view all the answers

    Which method of review involves assessing decisions by a body outside the agency?

    <p>External review</p> Signup and view all the answers

    What is the primary purpose of the Criminal Law as outlined in the provided content?

    <p>To maintain public safety and social order</p> Signup and view all the answers

    Which legal concept focuses on the separation of powers within government?

    <p>Constitutional law</p> Signup and view all the answers

    Which of the following best describes judicial reviews of administrative decisions?

    <p>An evaluation of whether the decision was made lawfully, fairly, and rationally</p> Signup and view all the answers

    What is the primary aim of tort law?

    <p>To compensate the plaintiff for their loss</p> Signup and view all the answers

    Which legal concept refers to the monetary compensation for harm or loss suffered?

    <p>Damages</p> Signup and view all the answers

    What distinguishes private law from public law?

    <p>Private law regulates relationships between individuals and organizations</p> Signup and view all the answers

    What is a contract defined as?

    <p>An agreement between two or more parties recognized by law</p> Signup and view all the answers

    What does civil procedure generally involve?

    <p>Plaintiff and defendant interactions</p> Signup and view all the answers

    Which of the following is NOT a function of judges in superior courts?

    <p>Preparing legal cases</p> Signup and view all the answers

    In a civil case, what is the burden of proof standard known as?

    <p>Balance of probabilities</p> Signup and view all the answers

    Which role primarily prepares legal cases for barristers?

    <p>Solicitors</p> Signup and view all the answers

    What type of legal action can include injunctions?

    <p>Both contract law and tort law</p> Signup and view all the answers

    What is the key difference between a tort and a crime?

    <p>A tort does not require a prior legal relationship</p> Signup and view all the answers

    Study Notes

    Overview of Law and Governance

    • Hurricane Katrina triggered a temporary state of anarchy in parts of New Orleans in 2005.
    • Tyranny involves governance by a single leader with absolute power, exemplified by Saddam Hussein’s regime in Iraq pre-2003.

    Sources of Contemporary Australian Law

    • Australia adopted a common law system upon British colonization, where laws are shaped by court decisions.
    • Common law contrasts with laws imposed by parliament, with statutory law taking precedence over common law.
    • Equity addresses injustices in common law, providing remedies through fair principles.

    Common Law Principles

    • Precedent establishes authority for future legal decisions to ensure consistency among judges.
    • Stare decisis requires lower courts to follow the decisions made by higher courts.
    • Ratio decidendi is the legal principle derived from a judgment, while obiter dicta include non-essential remarks.

    Judicial Roles and Court Systems

    • Magistrates and judges have distinct roles; magistrates handle minor cases in lower courts without juries.
    • The adversarial system lets two parties control the presentation of their cases, with judges serving neutrally.
    • In contrast, the inquisitorial system grants judges greater control over how a trial is conducted.

    Court Hierarchy and Jurisdiction

    • Australia has a structured court hierarchy: inferior, intermediate, and superior courts.
    • Courts like the Land and Environment Court and the Children’s Court address specialized cases, such as environmental laws and children's welfare.
    • The Supreme Court is the top court, dealing with serious criminal matters and having no limits on monetary jurisdiction.

    Legislative Framework

    • Statute law is legislated in parliament; both state and federal governments have law-making rights.
    • Parliament’s roles involve debating, amending, and passing laws through a bicameral or unicameral system.
    • The legislative process for a bill must pass through multiple stages before becoming law.

    The Constitution and High Court

    • The Australian Constitution defines the structure and powers of the legislative, executive, and judicial branches.
    • The High Court has original and appellate jurisdiction, interpreting constitutional laws and ensuring government actions abide by the Constitution.

    Indigenous and Customary Laws

    • Indigenous Australian laws are not formally recognized but influence national law through practices like mediation.
    • Approximately 500 Aboriginal nations exist, each with their own customs tied to the land and spiritual beliefs.
    • Customary laws are often passed orally and include sanctions imposed by community elders.

    Classification of Law

    • Public law regulates the relationship between individuals and the state, including criminal and administrative laws.
    • Criminal law protects public safety by punishing wrongdoings, with ongoing updates made to the Crimes Act 1900 (NSW).
    • Administrative law enables individuals to challenge government decisions through specific review processes, including internal and external reviews.
    • Private law manages disputes between individuals and organizations, governed by statutes and common law.
    • Key legal concepts include civil action for rights infringement, damages for losses, and injunctions to prevent actions.
    • Contract law governs legally binding agreements, while tort law addresses civil wrongs that do not arise from prior legal relationships.

    Civil and Criminal Procedure

    • In criminal cases, the prosecution bears the burden of proof, requiring evidence beyond a reasonable doubt.
    • Civil cases operate under the balance of probabilities, where the plaintiff must show the likelihood of their claims.
    • Judges serve in intermediate and superior courts, adjudicating cases and issuing rulings.
    • Magistrates manage minor cases and administrative matters in lower courts.
    • Solicitors handle non-litigious legal advice, while barristers represent clients in court, specializing in specific legal areas.

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    Related Documents

    Legal Notes - Sahizvir Kaur PDF

    Description

    This quiz explores the evolution of legal systems, focusing on the impact of historical events like Hurricane Katrina and the nature of tyranny. It also examines the sources of contemporary Australian law and the adaptation of common law following British colonization. Test your knowledge on these critical legal concepts!

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