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- 1. Multiple Choice
What is Common Law
Laws made by Parliament
Laws made by the Courts
Laws made by the Government
- 2. Multiple Choice
What does the term abrogate mean?
Lift Up
Repeal
Create
Instruct
- 3. Multiple Choice
The term to describe the system of superiority of courtrooms is
Authority
Jurisdiction
Hierarchy
Jurisprudence
- 4. Multiple Choice
A legal decision that creates the law for future similar cases.
Common law
Judgement
Statute
Precedent
- 5. Multiple Choice
A crime is...
Fun
An act that harms society and is punishable by the state
Doing something that affects someone's mental state
An act of defiance against others
- 6. Multiple Choice
A person charged with a criminal offence is called the...
Persecutor
Coroner
Defendant
Lawyer
- 7. Multiple Choice
The high court has two jurisdictions. They are (select 2):
Appellate jurisdiction to hear appeals from the state and territory courts
Original jurisdiction to interpret the constitution of Australia
Family Court jurisdiction for matters of divorce and family law
Civil Enterprise jurisdiction
- 8. Multiple Choice
What is the highest court in Australia?
Federal Court of Importance
Supreme Court
Family Court
High Court of Australia
- 9. Multiple ChoiceA major argument against judges being actively involved in reforming the law via common law is that:
judges are not elected and representative bodies
judges are able to undertake detailed research into areas of particular interest to the judgethe primary role of the courts is to adjudicate cases, not to change the lawsome areas of law are more appropriately developed by common law than statute - 10. Multiple Choice
Standard of proof in a criminal case
Beyond a reasonable doubt
Complete proof
On the balance of probabilities
Judge's discretion
- 11. Multiple Choice
Standard of proof in a civil case
Beyond a reasonable doubt
Complete proof
On the balance of probabilities
Judge's discretion
- 12. Fill in the Blank
Latin phrase meaning 'to stand by things decided'
- 13. Multiple Choice
Benefits of stare decisis (select multiple)
Fairness across cases
Predictability about outcomes
Consistency of the law
Represents changing social views
Ensures the best outcome for all parties
- 14. Fill in the Blank
Latin phrase meaning the 'reason for deciding'. This is the core rationale for the judgement
- 15. Fill in the Blank
Latin phrase meaning 'sayings by the way'
- 16. Multiple Choice
Two types of precedent (Select 2)
Binding
Persuasive
Common Law
Doctrine
- 17. Multiple Choice
On which courts is precedent binding?
Lower courts
Courts at the same level in other jurisdictions
Future decisions of the same court
Higher courts
- 18. Multiple Choice
On which courts is precedent persuasive?
Lower courts
Courts at the same level in other jurisdictions
Future decisions of the same court
Higher courts
- 19. Multiple Choice
What precedent is set in Donoghue v Stevenson?
Producers have a duty of care owed to consumers
Producers cannot be responsible for the actions of consumers
Sellers are responsible for the quality of goods they onsell
Consumers must take reasonable care to avoid personal injury
- 20. Multiple Choice
Which case brought Donoghue v Stevenson to Australia?
Grant v Australian Knitting Mills
Grahame v Australian Spinners Associated
George v The State of Victoria
Gregson v Australian Woollen Manufacturing
- 21. Multiple Choice
When a higher court decides that the facts of a new case are not similar enough to previous cases they are ______________ the precedent
Distinguishing
Overturning
Reversing
Disapproving
- 22. Multiple Choice
When a higher court decides not to follow a precedent that they deem out of date they are ______________ the precedent
Distinguishing
Overturning
Reversing
Disapproving
- 23. Multiple Choice
When a higher court decides to change a decision of a lower court on appeal they are ______________ the precedent
Distinguishing
Overturning
Reversing
Disapproving
- 24. Multiple Choice
When a court encourages parties to appeal a decision to a higher court they are ______________ the precedent
Distinguishing
Overturning
Reversing
Disapproving
- 25. Fill in the Blank
Principle that statute law is superior to common law
- 26. Multiple Choice
Keating's government ____________ the Native Title law established by the High Court in Mabo
Abrogated
Overturned
Codified
Supported
- 27. Multiple Choice
Party who brings a civil case
Plaintiff
Defendant
Accuser
Prosecution
- 28. Multiple Choice
Why is statute law superior to common law?
Statue law is made by an elected body
Statute law is not made by judges
Parliaments have more knowledge than courts
To uphold the separation of powers
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