Law chapter 7 Indegenious Rights

Question 1

Right

Answer 1

An entitlement or permission, usually of a legal or moral nature

Question 2

Terra nullius

Answer 2

Empty land

Question 3

Test case

Answer 3

A case that establishes new legal rights or principles

Question 4

Mabo

Answer 4

Eddie Mabo was an Indigenous Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court

Question 5

Why did Mabo appeal?

Answer 5

His claims were denied by the Supreme Court of Queensland on 16 November 1990

Question 6

Why was Mabo Pursuing civil litigation?

Answer 6

The Queensland government chose to ignore Meriam custom and the sacred laws, which underpin both their traditional rights and obligations to land and sea. The meriam people are the people of the Torres Strait Islands.

Question 7

Native title

Answer 7

Under Australian law, indigenous people have rights to land, that these rights had existed before colonisation and still exist.

Question 8

The Justices in High Court verdict.

Answer 8

All judges agreed except one that :

• there was a concept of native title at common law
• the source of native title was the traditional connection to or occupation of the land.
• Native title could be extinguished by the valid exercise of governmental powers provided a clear and plain intention to do so was manifest

Question 9

The native title Act 1993

Answer 9

Commonwealth parliament passed the Act in December 1993. The act protects people’s homes and businesses by validating titles granted after 1975.