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WorksheetsYear 12 Legal Studies U4 AOS2 SAC A revision
Total questions: 15
Worksheet time: 8mins
Translate 'locus standi'
Reason for the decision
Remarks said by the judge in passing
Reason for standing by the decision
Requirement for standing
Define 'requirement for standing'
Requires a person to be directly affected by the issues or matters involved in the case for the court to be able to hear and determine the case
Requires a person to know someone who has been affected by the issues or matters involved in the case for the court to be able to hear and determine the case
If you have a vested interest in a case if you have alleged to have been affected by the issue at hand more than another person of the general public and if they seek compensation if you succeed
Requires you to stand for the judge when you arrive in court or when the judge leaves
What is a hostile upper house?
When the government holds majority of seats in the upper house. This means that the government will easily be able to pass bills.
When the government holds majority of seats in the upper house. This means that the government will have difficulty passing bills.
When the government does not hold majority seats in the upper house. This means that the government will have difficulty passing bills.
When the government does not hold majority seats in the upper house. This means that the government will easily be able to pass bills.
Which of the following is NOT a political pressure?
International
Interparty
Domestic
Internal
Which of the following is NOT a way that political pressures can affect the ability of parliament to make law?
May make laws ‘along party lines’
May respond to financial incentives
May respond to pressures from business or organisations
May force the courts to act prematurely when they are not in the best position to do so
Which is the following is NOT a factor of BINDING precedent
Cases heard in the same hierarchy
Second case heard in a lower court
Second case heard in a higher court
Material facts are similar
Translate 'ratio decidendi'
The reason for the decision
The reason for the sentence
Remarks made by the judge in passing
To stand what has already been decided
Which of the following is NOT a way to avoid precedent?
Reverse
Overrule
Distinguish
Overturn
Which of the following uses only one case?
Reverse
Overrule
Dissaprove
Distinguish
Define 'Statutory Interpretation'
Where judges interpret the words or phrases in an act of court, in order to give the words meaning.
Where judges interpret the words or phrases in an act of parliament, in order to change the words in the act.
Where judges change the words or phrases in an act of parliament, in order to interpret the words in the act.
Where judges interpret the words or phrases in an act of parliament, in order to give the words meaning.
Which of the following is NOT a reason for statutory interpretation?
The intention of the act is not clear
The intention of the precedent is not clear
The law is normally written in general terms
There can be difficulty in foreseeing future applications of the act
There are many effects / impacts of statutory interpretation, which of the following is NOT one.
The reasoning behind the decision forms a precedent
The actual words of the act are not changed, but the ruling adds meaning to the words and is applied in future cases
The interpretation can broaden the act to encompass more circumstances
The actual wording of the act is changed
Define 'judicial conservatism'
Where a judge can be reluctant to be proactive with regards to judicial making.
Where a judge can be too proactive with regards to judicial making.
Where a judge needs assistance with regards to judicial making.
Where the judge resigns from their role
Define 'Judicial activism'
Where a judge can be reluctant to be proactive with regards to judicial making. That is, to avoid controversial changes.
Can influence ability of courts to make law because judges who take a conservative approach will not go very far beyond the established law.
Where a judge takes into account a variety of social, political and ethical factors into their interpretation. They are considered to be progressive – taking greater initiative than a conservative judge.
The idea that courts should show restraint or caution when making decisions that could lead to significant changes in the law.
Which of the following is NOT a factor that affects the ability of parliament to make law.
Political pressures
The role of the houses of parliament
The representative nature of parliament
The role of the courts in law making
