4. 8CIVICS common law

What is the primary role of common law in the Australian legal system?

• To replace statutory law

• To ensure uniformity and consistency in legal rulings

• To create new crimes

• To allow judges to make personal decisions

Which of the following best defines the concept of "precedent" in common law?

• A law created by parliament

• A court ruling that serves as a guide for future decisions

• A legal document submitted by a lawyer

• A decision that can be overturned by lower courts

Why is the High Court of Australia particularly significant in the common law system?

• It is the only court that creates new laws

• Its decisions are binding on all lower courts

• It handles only minor legal cases

• It focuses solely on constitutional law

In the Mabo v Queensland case, what legal principle was established?

• A new crime law was created

• Aboriginal and Torres Strait Islander peoples were granted native title rights

• The power of the federal government was reduced

• Courts could not interpret laws related to land ownership

What happens when a judge makes a decision in a case that conflicts with previous rulings?

• The new decision is ignored by other courts

• The new decision becomes a precedent that must be followed

• The judge is reprimanded by a higher court

• Parliament must immediately pass a new law to override it

How does the common law system ensure consistency over time?

• By allowing judges to create laws independently

• By requiring all courts to follow decisions made by higher courts

• By limiting the influence of parliament

• By reducing the role of judges in decision-making

What is the relationship between statutory law and common law in Australia?

• Statutory law completely replaces common law

• Statutory law has no impact on common law decisions

• Statutory law can override common law, but common law can still influence new decisions

• Common law is more powerful than statutory law

In what situation might a judge interpret the meaning of a law in Australia?

• When the law is clear and well-understood

• When the law is being challenged in an international court

• When the law is unclear or ambiguous in relation to a specific case

• When parliament disagrees with a previous ruling

What is one key advantage of using common law over statutory law?

• Common law never changes

• Common law allows laws to be flexible and adapt to new situations

• Common law is only applicable in criminal cases

• Common law is less influenced by judicial interpretation

Which of the following was the key outcome of the Donoghue v Stevenson case (1932)?

• It introduced the concept of negligence in tort law

• It established the power of the Australian High Court

• It clarified the legal relationship between the state and private citizens

• It set guidelines for environmental protection laws