pnl exam

Question 1

operating principles of a liberal democracy

Answer 1

majority rule (ensured in pv), equality of political rights, political freedom, political participation

Question 2

the principles of fair elections

Answer 2

administered by an independent authority, provide accountability for elected officials, protect political rights and freedoms, maximise political participation.

Question 3

ways of settling outside the court

Answer 3

negotiation, mediation, conciliation, arbitration.

Question 4

rules of evidence

Answer 4

relevance, hearsay, opinion, character

Question 5

political participation is…

Answer 5

the active involvement of citizens in a political system. essential because if people arent participating then the parliament wont reflect the best interests of the people.

Question 6

Senate, HoR, the House, American Senate

Answer 6

aus senate: 76, aus hor: 150, american senate: 100, american house: 435 seats

Question 7

representation means…

Answer 7

rather than directly participating in the legal process, people select a member of parliament, and trusting they will act in their best interests.

Question 8

roles of pressure groups

Answer 8

keep government more responsive to community wishes, express minority views, promote opportunities for political participation.

Question 9

common law system,

Answer 9

a legal system in which precedents are established by judges that serve as guides in future cases with similar circumstances and legal principles.

Question 10

stare decisis is…

Answer 10

to stand by previous decisions, ensures judicial thinking is similar in similar factual circumstances.

Question 11

stare decisis ensures

Answer 11

predictability, flexibility, fairness and consistency

Question 12

ratio decidendi and obiter dicta

Answer 12

the central rule in a judgement, other comments about the law (not binding)

Question 13

overruling, reversing

Answer 13

changes ratio precedent not original, changes all

Question 14

distinguishing

Answer 14

does not have to be a higher court, creates a new precedent

Question 15

literal rule

Answer 15

black letter of the law, no context

Question 16

golden rule

Answer 16

used when the literal rule would result in an absurd outcome. judge determines interpretation of the act, interprets the intention of it.

Question 17

purposive approach

Answer 17

text, context then purpose

Question 18

trial ideals

Answer 18

protection of rights, enforcement of obligations, impartiality and fairness

Question 19

principles of natural justice

Answer 19

impartial adjudication, hearing both parties, evidence based decisions, transparent and open court processes.

Question 20

codification is…

Answer 20

the process by which laws and rules are systematically collected and recored into written codes. means precedent plays a minor role.