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WorksheetsUnit 4 Legal AOS2B: Factors that affect the ability of courts to make law
Total questions: 22
Worksheet time: 13mins
Which latin term relates to the requirement for standing?
(a)
What does 'ratio decidendi' mean?
To stand by a decison
The reason for the decision
The reason for bringing a case to court
The reason for creating a new statute
Judicial conservatism maintains stability in the law.
True
False
Judicial conservatism considers social and political factors when creating precedents.
True
False
The main role of the court is to...
Hear cases and resolve disputes
Make common law
Interpret the words of the Constitution
Punish those who have broken the law
A key advantage of the doctrine of precedent is...
Distinguishing
Consistency
Finding relevant precedents is time-consuming
Parliament can override court-made law
A novel case is a case that...
involves a case of great legal significance
involves issues on human rights
involves the creation of a new precedent
involves a legal issue that has never been heard before
Novel cases are also called...
Locus standi cases
Test cases
Human rights cases
First time cases
Conservative judges adopt a ______ approach when interpreting statutes.
Broad
Comprehensive
Narrow
Social
The Trigwell case was an example of...
Judicial conservatism
Judicial activism
The Mabo case was an example of...
Judicial conservatism
Judicial activism
Where do judicial conservatives believe most law reform should occur?
Parliament
The Courts
Which are weaknesses of judicial conservatism? (2 answers)
Allows parliament who are elected by the people to change the law
Restricts the ability of judges to make major changes to the law
Judges can become disconnected from social and political factors
Helps maintain stability in the law
Judicial activists are more willing to be seen as law-makers than judicial conservatives.
True
False
A major flaw of judicial activism is..
Judges can change laws to uphold human rights
Judges can ensure laws are relevant to today's society
Judges are not elected by the people
Judges have more flexibility in creating law
Select the strengths of judicial activism. (3)
Allows judges to protect human rights and minority groups
Judges consider range of social and political factors
Judges maintain stability in the law
Judges can influence significant legal change
The two main costs when pursuing a case are...
Staff costs
Legal representation
Dispute resolution costs
Court fees
Statement of claim
What can cause delays in hearing a case? (3)
Pre-trial procedures
Lack of resources and court services
Court backlog
Plaintiff takes too long to prepare evidence
Judicial powers of case management
How can judges reduce the costs and time in bringing a case to court?
By giving injunctions if parties take too long or spend too much on legal representation
By using their powers for a fair trial
By refusing to hear certain cases
By using their powers of case management
What can deter a party from pursuing a case? (2)
Their cultural beliefs
Time
Cost
Only some people are allowed to use the courts
Only the prosecution can decide to pursue a case
The case Kuczborski v The Queen (2014) involved a plaintiff dropping a case due to...
Costs
Time
A lack of standing
Inability to appeal
What are strengths of the requirement for standing? (2)
People can't pursue a case even if it's for the public good
People with standing may not be able to afford it
Ensures time is not wasted by people who do not have a special interest in the matter
Encourages people not directly affected to use other methods such as demonstrations and petitions
