LEGAL STUDIES – THE LEGAL SYSTEM EXAM 2023 QUESTIONS AND ANSWERS (GRADED A)
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LEGAL STUDIES – THE LEGAL SYSTEM
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LEGAL STUDIES – THE LEGAL SYSTEM
LEGAL STUDIES – THE LEGAL SYSTEM EXAM 2023 QUESTIONS AND ANSWERS (GRADED A)
Origins jurisdiction - Answer-The ability or power of a court to hear a case in the first instance
Mandamus - Answer-A court order compelling a government official to perform a particular task
Prohibition - Answer...
LEGAL STUDIES – THE LEGAL SYSTEM
EXAM 2023 QUESTIONS AND ANSWERS
(GRADED A)
Origins jurisdiction - Answer-The ability or power of a court to hear a case in the first
instance
Mandamus - Answer-A court order compelling a government official to perform a
particular task
Prohibition - Answer-A court order that forbids a lower level court from hearing or taking
further action in a case or matter
Injunction - Answer-A court order stopping an individual or organisation from performing
a particular action
Fiscal - Answer-Relating to government financial matters
R - Answer-'R' at the beginning of a case name refers to Regina (Latin for 'Queen').
Since Australia is a constitutional monarchy this refers to our head of state on whose
behalf the prosecution case is run. When the head of state is a male, as was the case in
1935, the 'R' stands for Rex, which is Latin for 'King'.
Ex parte - Answer-(Latin) 'from one side'; in a case this means the other side is absent
or unrepresented
Special leave - Answer-Where the High Court grants approval for the case to go before
it on appellate jurisdiction
Questions of law - Answer-A disputed legal contention that is left for the judge to decide
(e.g. Whether certain evidence is admissible)
Merits review - Answer-Analysis of the facts presented in a case, and often the policy
choice that led to the decision
Terra nullis - Answer-(Latin) "Land belonging to no-one"; the idea that when the first
Europeans came to Australia the land was owned by no-one and thus was open to
settlement. It has been judged legally invalid.
Dreamtime - Answer-Also known as 'the Dreaming', the source of Indigenous Australian
customary law
, Kinship - Answer-Family relationships, including all extended family relationships; an
important part of Indigenous cultures and values, which dictate how all people in the
group behave toward each other
Elders - Answer-Older men and women of recognised wisdom and authority, who are
the keepers of traditional knowledge within Indigenous communities; they are
responsible for such things as initiations and the handing down of punishments when
community law are broken
Mediation - Answer-A process in which two parties are brought together for the purpose
of discussing and resolving a conflict
Mitigation - Answer-Making the severity of an offence or a sentence milder or less
severe
Domestic law - Answer-The laws of a nation
Opinio juris sive necessitatis - Answer-(Latin) "opinion that an act is necessary by rule of
law"; the principle that for a practice of a state to be customary international law, the
state must believe that international law requires it
Treaty - Answer-An international agreement concluded between states in written form
and governed by the guidelines of international law; treaties may also be referred to as
conventions or covenants
Ratify - Answer-To formally confirm that the country intends to be bound by the treaty
Declarations - Answer-Formal statements of a party's position on a particular issue.
Declarations are not legally binding under international law.
United Nations - Answer-A world organisation dedicated to world peace and the
sovereignty and equality of all its members
General Assembly - Answer-The main body of the United Nations, made up of all the
member of nations
Security Council - Answer-The arm of the United Nations responsible for maintaining
world peace and security
Jurisdiction - Answer-The power of a court to rule on a question
Public Law - Answer-The body of law governing relationships between individuals and
the state, and the structure and operation of government itself (e.g. Criminal,
administrative, and constitutional law)
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