Year 11 preliminary Legal studies Exam Questions With Guaranteed Passed Solutions.
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Course
Australian Law
Institution
Australian Law
Court hierarchy - Answer The order of importance and authority of courts in Australia
What is the highest court in Australia? - Answer The high court
What are the roles of the high court - Answer - It deals with cases concerning interpretation of the Australian constitution validity ...
Year 11 preliminary Legal studies Exam
Questions With Guaranteed Passed
Solutions.
Court hierarchy - Answer The order of importance and authority of courts in Australia
What is the highest court in Australia? - Answer The high court
What are the roles of the high court - Answer - It deals with cases concerning interpretation of the
Australian constitution validity of laws
What appeals do the high court hear? - Answer Appeals from the federal court, the family courts and
the supreme courts
Explain the role of the local courts - Answer Local courts deal with minor criminal matters and minor
civil disputes.
Who hears cases in the local court - Answer The magistrate hears cases and will set the punishment for
criminal offenses
Summary offenses - Answer Criminal offenses that can be dealt with by a single judge without a jury
and do not require a preliminary hearing. E.g. loitering
Indictable offenses - Answer Serious criminal cases that require an indictment and a preliminary
hearing; they are typically tried before a judge and jury and are subject to a higher penalty. E.g. Murder
or assault
Indictment - Answer A formal written charge
, Appellate Jurisdiction - Answer The ability or power of a court to hear appeals of the decisions of lower
courts and to reject, affirm or modify those decisions
Committal hearings - Answer Inquiries held in the local Magistrates' court to determine whether there
is enough evidence against the defendant to warrant a trial to a higher court.
Supreme Court - Answer Highest court in the state or territory hierarchy
What is the role of the Supreme Court - Answer Deals with most serious criminal matters and civil
cases involving large sums of money.
Also appeals from lower courts
Federal Magistrate's court - Answer Deals with cases such as family law & child support, administrative
law, human rights...
Appeals - Answer An application to have a higher court reconsider a Lower courts decision, on the basis
of an error on laws.
Precedents - Answer Judge made law that creates a common set of legal principles.
Persuasive precedent - Answer Precedent that does not need to be followed. It is influential but not
binding. This precedent might come from lower courts in other jurisdictions
Binding Precedent - Answer Decisions that must be followed. Lower courts must follow decisions of
higher courts in the same jurisdiction.
Outline the characteristics of a just law - Answer Binding, enforceable, discoverable and acceptable
Binding - Answer A strong hold between two things that can't be broken
Enforceable - Answer Capable to be enforced with consequences and exposed by the state
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