Unit 1

Question 1

Define the term democracy.

Answer 1

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Question 2

Distinguish between the terms democracy and liberal democracy.

Answer 2

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Question 3

Explain the operating principles of a liberal democracy and how they are upheld and undermined in our system.

Answer 3

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Question 4

Outline the key principles of rule of law and provide brief descriptions.

Answer 4

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Question 5

Using case examples, explain ways in which the rule of law is both upheld and undermined in Australia.

Answer 5

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Question 6

Differentiate between rules and laws.

Answer 6

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Question 7

Explain why rules are necessary in society to regulate behaviour and ensure social cohesion.

Answer 7

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Question 8

Define the term constitutional law.

Answer 8

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Question 9

Define the term statute law.

Answer 9

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Question 10

Define the term common law.

Answer 10

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Question 11

Explain what is meant by statutory interpretation.

Answer 11

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Question 12

Discuss why statutory interpretation is considered necessary.

Answer 12

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Question 13

Outline the maxims and rules of interpretation.

Answer 13

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Question 14

Distinguish between esjudem generis and noscitur a sociis.

Answer 14

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Question 15

Explain how the literal rule, golden rule, and mischief rule may be applied to interpret the meaning of a statute.

Answer 15

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Question 16

Outline the origins and differences between civil law and common law jurisdictions.

Answer 16

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Question 17

Explain what is meant by the terms ‘stare decisis’ and ‘ratio decidendi’.

Answer 17

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Question 18

Outline how the doctrine of precedent operates.

Answer 18

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Question 19

Outline how the court hierarchy operates in WA and federally.

Answer 19

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Question 20

Outline the jurisdiction of the different courts within the Western Australian and Federal court hierarchy.

Answer 20

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Question 21

Discuss how the process of appeals operates in Australia.

Answer 21

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Question 22

Distinguish between ‘appeal by right’ and ‘appeal by leave’.

Answer 22

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Question 23

Identify and briefly explain the 4 ways in which an appeals court can avoid precedent.

Answer 23

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Question 24

Discuss why the court hierarchy is essential to the doctrine of principal.

Answer 24

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Question 25

Explain the term natural justice.

Answer 25

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Question 26

Outline the key principles of the Adversarial system of trial.

Answer 26

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Question 27

Differentiate between civil and criminal law.

Answer 27

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Question 28

Describe the burden of proof and, where appropriate, outline the difference between criminal and civil trials.

Answer 28

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Question 29

Describe the standards of proof and, where appropriate, outline the difference between criminal and civil trials.

Answer 29

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Question 30

Describe the roles within the adversarial system and, where appropriate, outline the difference between criminal and civil trials.

Answer 30

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Question 31

Describe the rules of evidence and, where appropriate, outline the difference between criminal and civil trials.

Answer 31

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Question 32

Outline the criminal pre-trial, trial, and post-trial processes in detail.

Answer 32

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Question 33

Assess how pre-trial procedure contributes to a fair trial.

Answer 33

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Question 34

Distinguish between a summary and an indictable offence.

Answer 34

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Question 35

Outline the aims of sentencing and the sentencing process.

Answer 35

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Question 36

Assess the arguments for and against mandatory sentencing.

Answer 36

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Question 37

Explain the two different meanings of civil law and identify the correct context in which to apply each term.

Answer 37

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Question 38

Define the term inquisitorial system of trial.

Answer 38

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Question 39

Explain the role of the parquet in the French inquisitorial system.

Answer 39

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Question 40

Explain the role of the defence in the French inquisitorial system.

Answer 40

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Question 41

Explain the rules of evidence in the French system.

Answer 41

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Question 42

Outline the burden and standard of proof in the French system.

Answer 42

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Question 43

Outline the trial procedure in the French system.

Answer 43

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Question 44

Compare the Adversarial and inquisitorial systems of trial.

Answer 44

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Question 45

Evaluate the strengths and weaknesses of the Adversarial and inquisitorial systems of trial. (Reference to case studies).

Answer 45

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Question 46

Outline the origins of the trial by jury system.

Answer 46

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Question 47

Explain how the trial by jury system operates in Western Australia.

Answer 47

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Question 48

Evaluate the extent to which trial by jury ensures justice to the accused and to the community.

Answer 48

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Question 49

Define the term 'appeal'.

Answer 49

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Question 50

Explain why appeals are essential to the delivery of justice.

Answer 50

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Question 51

Explain how the appeals system operates in Western Australia.

Answer 51

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Question 52

Evaluate the extent to which the appeals process ensures justice to the accused and to the community.

Answer 52

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