legal exam one final

Question 1

corrective service officer

Answer 1

run the prison system and guard defendants on trial in court

Question 2

sheriff’s officer

Answer 2

organise jury role and provide security in courts

Question 3

barrister

Answer 3

lawyer who is predominantly involved as the advocate presenting the case in court

Question 4

solicitor

Answer 4

lawyer that prepares case material for the barrister, sometimes present cases in the local court

Question 5

court officer

Answer 5

fetches witnesses and administers the oath, shows documents to various parties in court

Question 6

british law

Answer 6

• absence of independant fact finding by the judge
• lawyers acting adversarially
• presumption of innocence
• use of juries
• precedent
• reliance on oral argument by lawyers

Question 7

arms of government

Answer 7

judiciary (make judgements of law), executive (put laws into action), parliament (make and change laws)

Question 8

meanings of common law

Answer 8

1. judge vs parliament
2. common vs equity
3. common vs criminal
4. british law

Question 9

legislative process

Answer 9

1. bill is read and voted on three times in both houses

2. a bill being passed by both houses and is then signed by the queen’s representative

Question 10

division of powers

Answer 10

state and commonwealth

Question 11

separation of powers

Answer 11

arms of government

Question 12

delegated legislation

Answer 12

• provide the detail about how a particular act of parliament will be implemented
• requires particular specialist knowledge eg: local council
• delegated authorities cannot exceed the power given to them
• parliament retains power to reject any legislation made on its behalf

Question 13

meaning of law

Answer 13

• set of enforceable rule that set down guidelines for relationships between people and organisations in society
• provides methods of ensuring the impartial treatment of people and outlining punishments

Question 14

procedural fairness

Answer 14

• not condemned until their defence is fairly heard
  1. adequate notice
  2. entitled to hear all the other party has to say to the decision maker
  3. entitled to ask questions, challenge and contradict the evidence of the opposing party
• person making the decision should not be biased
  1. declare any personal interest and rescue themselves and withdraw

Question 15

nature of justice

Answer 15

1. equality
2. fairness
3. access

Question 16

rule and structure of parliament

Answer 16

• body of elected representatives with the role to make laws
• debate proposed legislation and amend existing legislation
• australia and nsw are bicameral (upper and lower house)
• leader of nsw is the premier and leader of australia is prime minister
• leader is a member of the lower house
• senior ministers form the cabinet