Chapter 8 Flashcards
True or False: The judiciary is responsible for interpreting and applying the law.
True
Fill in the blank: The highest court in Australia is the _____ Court.
High
What is meant by ‘judicial independence’?
Judicial independence refers to the principle that the judiciary should be independent from other branches of government.
Multiple Choice: Which of the following is NOT a function of the judiciary? A) Interpreting laws B) Making laws C) Resolving disputes D) Protecting rights
B) Making laws
What is the significance of the separation of powers in relation to the judiciary?
The separation of powers ensures that the judiciary remains independent and does not interfere with the legislative or executive branches.
True or False: Judges are elected officials in Australia.
False
What is the role of the High Court of Australia?
The High Court is the highest court of appeal and has the power to interpret the Constitution.
Fill in the blank: The principle of _____ allows courts to review the legality of legislative and executive actions.
judicial review
Multiple Choice: Which case established the principle of judicial review in Australia? A) Mabo v Queensland B) Marbury v Madison C) Donoghue v Stevenson D) Australian Capital Television v Commonwealth
B) Marbury v Madison
What is meant by ‘common law’?
Common law is law developed by judges through decisions of courts and similar tribunals.
True or False: Statutory law is created by the judiciary.
False
What are the two main types of law in the Australian legal system?
Common law and statutory law.
Fill in the blank: The _____ is responsible for ensuring that laws are applied fairly and justly.
judiciary
Multiple Choice: Which of the following best describes the adversarial system? A) A system where a single judge decides the outcome B) A system where two parties present their case C) A system where a jury decides the outcome D) A system where the judge investigates the case
B) A system where two parties present their case
What is the purpose of a jury in the legal system?
The jury is responsible for determining the facts of a case and delivering a verdict.
True or False: The role of the judiciary includes the enforcement of laws.
False
What does the term ‘precedent’ mean in a legal context?
Precedent refers to a legal principle or rule established in a previous case that is binding or persuasive in subsequent cases.
Fill in the blank: The _____ Act is an example of a significant piece of legislation in Australia.
Human Rights
Multiple Choice: Which of the following is a key feature of the Australian legal system? A) Codification of all laws B) A single court system C) An independent judiciary D) Mandatory jury trials
C) An independent judiciary
What is the role of the Attorney-General in the Australian government?
The Attorney-General is responsible for legal affairs and is the chief law officer of the government.
True or False: All judges in Australia must have prior experience as lawyers.
True
What is the significance of the concept of ‘natural justice’?
Natural justice ensures fairness in legal proceedings, including the right to a fair hearing.
Fill in the blank: The _____ system is used in criminal cases to determine guilt or innocence.
adversarial
Multiple Choice: Which of the following is NOT a characteristic of the judiciary? A) Impartiality B) Accountability C) Political influence D) Independence
C) Political influence
