Unit 1

Question 1

Define the term democracy.

Answer 1

-

Question 2

Distinguish between the terms democracy and liberal democracy.

Answer 2

-

Question 3

Explain the operating principles of a liberal democracy and how they are upheld and undermined in our system.

Answer 3

-

Question 4

Outline the key principles of rule of law and provide brief descriptions.

Answer 4

-

Question 5

Using case examples, explain ways in which the rule of law is both upheld and undermined in Australia.

Answer 5

-

Question 6

Differentiate between rules and laws.

Answer 6

-

Question 7

Explain why rules are necessary in society to regulate behaviour and ensure social cohesion.

Answer 7

-

Question 8

Define the term constitutional law.

Answer 8

-

Question 9

Define the term statute law.

Answer 9

-

Question 10

Define the term common law.

Answer 10

-

Question 11

Explain what is meant by statutory interpretation.

Answer 11

-

Question 12

Discuss why statutory interpretation is considered necessary.

Answer 12

-

Question 13

Outline the maxims and rules of interpretation.

Answer 13

-

Question 14

Distinguish between esjudem generis and noscitur a sociis.

Answer 14

-

Question 15

Explain how the literal rule, golden rule, and mischief rule may be applied to interpret the meaning of a statute.

Answer 15

-

Question 16

Outline the origins and differences between civil law and common law jurisdictions.

Answer 16

-

Question 17

Explain what is meant by the terms ‘stare decisis’ and ‘ratio decidendi’.

Answer 17

-

Question 18

Outline how the doctrine of precedent operates.

Answer 18

-

Question 19

Outline how the court hierarchy operates in WA and federally.

Answer 19

-

Question 20

Outline the jurisdiction of the different courts within the Western Australian and Federal court hierarchy.

Answer 20

-

Question 21

Discuss how the process of appeals operates in Australia.

Answer 21

-

Question 22

Distinguish between ‘appeal by right’ and ‘appeal by leave’.

Answer 22

-

Question 23

Identify and briefly explain the 4 ways in which an appeals court can avoid precedent.

Answer 23

-

Question 24

Discuss why the court hierarchy is essential to the doctrine of principal.

Answer 24

-

Question 25

Explain the term natural justice.

Answer 25

-

Question 26

Outline the key principles of the Adversarial system of trial.

Answer 26

-

Question 27

Differentiate between civil and criminal law.

Answer 27

-

Question 28

Describe the burden of proof and, where appropriate, outline the difference between criminal and civil trials.

Answer 28

-

Question 29

Describe the standards of proof and, where appropriate, outline the difference between criminal and civil trials.

Answer 29

-

Question 30

Describe the roles within the adversarial system and, where appropriate, outline the difference between criminal and civil trials.

Answer 30

-

Question 31

Describe the rules of evidence and, where appropriate, outline the difference between criminal and civil trials.

Answer 31

-

Question 32

Outline the criminal pre-trial, trial, and post-trial processes in detail.

Answer 32

-

Question 33

Assess how pre-trial procedure contributes to a fair trial.

Answer 33

-

Question 34

Distinguish between a summary and an indictable offence.

Answer 34

-

Question 35

Outline the aims of sentencing and the sentencing process.

Answer 35

-

Question 36

Assess the arguments for and against mandatory sentencing.

Answer 36

-

Question 37

Explain the two different meanings of civil law and identify the correct context in which to apply each term.

Answer 37

-

Question 38

Define the term inquisitorial system of trial.

Answer 38

-

Question 39

Explain the role of the parquet in the French inquisitorial system.

Answer 39

-

Question 40

Explain the role of the defence in the French inquisitorial system.

Answer 40

-

Question 41

Explain the rules of evidence in the French system.

Answer 41

-

Question 42

Outline the burden and standard of proof in the French system.

Answer 42

-

Question 43

Outline the trial procedure in the French system.

Answer 43

-

Question 44

Compare the Adversarial and inquisitorial systems of trial.

Answer 44

-

Question 45

Evaluate the strengths and weaknesses of the Adversarial and inquisitorial systems of trial. (Reference to case studies).

Answer 45

-

Question 46

Outline the origins of the trial by jury system.

Answer 46

-

Question 47

Explain how the trial by jury system operates in Western Australia.

Answer 47

-

Question 48

Evaluate the extent to which trial by jury ensures justice to the accused and to the community.

Answer 48

-

Question 49

Define the term ‘appeal’.

Answer 49

-

Question 50

Explain why appeals are essential to the delivery of justice.

Answer 50

-

Question 51

Explain how the appeals system operates in Western Australia.

Answer 51

-

Question 52

Evaluate the extent to which the appeals process ensures justice to the accused and to the community.

Answer 52

-