Legal Studies Preliminary Revision 3

In Australia which court hears appeals from federal courts and state courts?

• The Administrative Appeals Tribunal

• The Family Court

• The Supreme Court

• The High Court

R v Jones 2020 (NSW) is an example of a

• Civil case in NSW jurisdiction

• Criminal case in NSW jurisdiction

• Criminal case in Commonwealth jurisdiction

• Civil case in Commonwealth jurisdiction

Which of the following would enable the Australian Constitution to be amended?

• judicial review by the High Court

• referendum

• United Nations Resolution

• applying the Doctrine of the Separation of Powers

Which of the following features would most likely be found in customary law?

• Oral and written traditions, significance of land

• Oral traditions, significance of land, structured court system

• Written traditions, significance of land, structured court systems

• Oral traditions, significance of land, mediation and conciliation used as a means of settling disputes

An adversarial court in the state court hierarchy that has original jurisdiction only is the

• Supreme court

• District court

• Coroner’s court

• Local court

What is meant by the term Adversary System?

• A system of court hierarchies that hears civil claims

• A system with summary and indictable offences

• A system where two sides present legal arguments to prove their case

• A system underpinned by the fact that the defendant is innocent until proven guilty

What is state sovereignty?

• The right of countries to make their own decisions

• The right of individuals to have a say in who will rule them

• The rights granted to each state under the Australian Constitution

• The right of the United Nations to force countries to comply with international laws

Criminal matters have the following features

• The prosecution has the burden of proof and the standard is beyond reasonable doubt

• The plaintiff has the burden of proof and the standard is on the balance of probabilities

• The plaintiff has the burden of proof and the standard is beyond all doubt

• The defendant must prove innocence beyond any reasonable doubt

Which of the following is the major difference between the adversarial and inquisitorial legal systems?

• The types of crime prosecuted

• The attainment of justice

• The role of the witnesses

• The role of the judge

The absence of formal law and custom could be termed

• oligarchy

• monarchy

• anarchy

• democracy