Understanding Common Law Principles

What is the common law method primarily based on?

• Legislation

• Reasoning by analogy

• Judicial discretion

• Public opinion

What does the doctrine of precedent ensure in the legal system?

• Flexibility and rapid change

• Consistency and certainty

• Arbitrary decision making

• Individual interpretation

What is the Latin phrase often used to refer to the doctrine of precedent?

• Res judicata

• Stare decisis

• Habeas corpus

• Mens rea

Which court is the highest court of appeal in Australia?

• Federal Court

• Supreme Court

• High Court

• District Court

What is a decision made without regard to relevant or binding law called?

• Ultra vires

• Per incuriam

• Ex parte

• De novo

Which of the following is NOT an argument against the doctrine of precedent?

• It makes the law inflexible

• It encourages hair-splitting arguments

• It provides a rational basis for decision making

• Change is slow and convoluted

What is the role of lower courts in relation to decisions made by higher courts?

• They can ignore them

• They are bound to follow them

• They can overrule them

• They can modify them

What does the cross-vesting legislation allow state courts to do?

• Overrule federal court decisions

• Decide on matters within the remit of federal courts

• Ignore federal legislation

• Exercise state jurisdiction in federal courts

Which of the following is a benefit of the doctrine of precedent?

• It allows for rapid legal changes

• It curbs arbitrary decision making

• It prioritises past decisions over present values

• It encourages individual interpretation

What was the outcome of the High Court decision in Re Wakim; Ex Parte McNally (1999)?

• Federal courts can exercise state jurisdiction

• State courts cannot decide on federal matters

• Exercise of state jurisdiction by federal courts was unconstitutional

• Federal courts have similar powers to state courts