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Year 12 Legal Studies U4 AOS2 SAC A revision

Total questions: 15

Worksheet time: 8mins

Name
Class
Date
1.

Translate 'locus standi'

a)

Reason for the decision

b)

Remarks said by the judge in passing

c)

Reason for standing by the decision

d)

Requirement for standing

2.

Define 'requirement for standing'

a)

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

b)

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

c)

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

d)

Requires you to stand for the judge when you arrive in court or when the judge leaves

3.

What is a hostile upper house?

a)

When the government holds majority of seats in the upper house. This means that the government will easily be able to pass bills.

b)

When the government holds majority of seats in the upper house. This means that the government will have difficulty passing bills.

c)

When the government does not hold majority seats in the upper house. This means that the government will have difficulty passing bills.

d)

When the government does not hold majority seats in the upper house. This means that the government will easily be able to pass bills.

4.

Which of the following is NOT a political pressure?

a)

International

b)

Interparty

c)

Domestic

d)

Internal

5.

Which of the following is NOT a way that political pressures can affect the ability of parliament to make law?

a)

May make laws ‘along party lines’

b)

May respond to financial incentives

c)

May respond to pressures from business or organisations

d)

May force the courts to act prematurely when they are not in the best position to do so

6.

Which is the following is NOT a factor of BINDING precedent

a)

Cases heard in the same hierarchy

b)

Second case heard in a lower court

c)

Second case heard in a higher court

d)

Material facts are similar

7.

Translate 'ratio decidendi'

a)

The reason for the decision

b)

The reason for the sentence

c)

Remarks made by the judge in passing

d)

To stand what has already been decided

8.

Which of the following is NOT a way to avoid precedent?

a)

Reverse

b)

Overrule

c)

Distinguish

d)

Overturn

9.

Which of the following uses only one case?

a)

Reverse

b)

Overrule

c)

Dissaprove

d)

Distinguish

10.

Define 'Statutory Interpretation'

a)

Where judges interpret the words or phrases in an act of court, in order to give the words meaning.

b)

Where judges interpret the words or phrases in an act of parliament, in order to change the words in the act.

c)

Where judges change the words or phrases in an act of parliament, in order to interpret the words in the act.

d)

Where judges interpret the words or phrases in an act of parliament, in order to give the words meaning.

11.

Which of the following is NOT a reason for statutory interpretation?

a)

The intention of the act is not clear

b)

The intention of the precedent is not clear

c)

The law is normally written in general terms

d)

There can be difficulty in foreseeing future applications of the act

12.

There are many effects / impacts of statutory interpretation, which of the following is NOT one.

a)

The reasoning behind the decision forms a precedent

b)

The actual words of the act are not changed, but the ruling adds meaning to the words and is applied in future cases

c)

The interpretation can broaden the act to encompass more circumstances

d)

The actual wording of the act is changed

13.

Define 'judicial conservatism'

a)

Where a judge can be reluctant to be proactive with regards to judicial making.

b)

Where a judge can be too proactive with regards to judicial making.

c)

Where a judge needs assistance with regards to judicial making.

d)

Where the judge resigns from their role

14.

Define 'Judicial activism'

a)

Where a judge can be reluctant to be proactive with regards to judicial making. That is, to avoid controversial changes.

b)

Can influence ability of courts to make law because judges who take a conservative approach will not go very far beyond the established law.

c)

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.

d)

The idea that courts should show restraint or caution when making decisions that could lead to significant changes in the law.

15.

Which of the following is NOT a factor that affects the ability of parliament to make law.

a)

Political pressures

b)

The role of the houses of parliament

c)

The representative nature of parliament

d)

The role of the courts in law making