LEGAL STUDIES – THE LEGAL SYSTEM EXAM 2023 QUESTIONS AND ANSWERS (GRADED A)
5 views 0 purchase
Module
LEGAL STUDIES – THE LEGAL SYSTEM
Institution
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)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Perfectscorer. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £9.79. You're not tied to anything after your purchase.
