Judicial Impartiality and Legal Research Recap

Flashcards covering judicial impartiality, bias tests, legal research databases, and professional legal writing standards based on the exam review lecture.

What is defined as a judge's approach to deciding cases, focusing on what occurs and appears to occur inside the judge's mind?

Judicial impartiality

How does judicial impartiality differ from judicial independence according to the lecture?

Judicial independence refers to the systemic frameworks, such as the separation of the judiciary from other branches of government, that allow judges to decide things impartially.

What are the instrumental reasons why judicial impartiality matters?

It ensures decisions are based only on relevant considerations, promotes accurate fact-finding and the rule of law, and encourages the acceptance of outcomes to maintain public confidence.

According to Sarah Derrington, what is the inherent reason for judicial impartiality?

To ensure individuals are treated with dignity and equality and can meaningfully participate in legal processes.

What is described as the hallmark of insufficient impartiality?

Bias

What was the entitlement established in the High Court decision of Webb v The Queen?

The public is entitled to expect that issues tried by juries, judges, and other public office holders be decided by a tribunal free of prejudice and without bias.

What is the difference between actual bias and apprehended bias?

Actual bias requires evidence to prove bias exists in the judge's mind, while apprehended bias exists if a fair-minded and reasonably well-informed observer might conclude the judge might not approach the matter with an open mind.

In terms of judicial expertise, what is meant by the phrase "an open mind, but not an empty one"?

Judges are not expected to forget their professional career, expertise, or knowledge of the law when appointed, but they must remain open to the facts of the proceedings before them.

What is the precedent case for the test regarding apprehended bias?

Ebner v Official Trustee $(2000)$

What two steps must a decision-maker answer to determine apprehended bias according to the Ebner case?

$1.$ What is the interest, conduct, or association of concern? $2.$ How might that logically lead the judge to depart from impartial decision-making?

What was the purpose of the Australian Law Reform Commission (ALRC) inquiry into judicial bias?

To consider whether reforms to laws relating to impartiality and bias as applied to the federal judiciary were necessary or desirable.

What specific recommendation from the ALRC responded to stakeholder concerns about maintaining public confidence?

The establishment of a federal judicial commission.

How does the remedy for an appeal based on judicial bias operate?

It operates retrospectively and does not necessarily address systemic issues.

What is the difference between a thesis statement and an essay outline in legal writing?

A thesis statement is a statement of the position you will argue, while an outline provides the structure of the essay.

How long is the allocated time for the exam essay mentioned in the lecture?

$80$ minutes

What is a consolidated version of a Commonwealth Act called on the Federal Register of Legislation?

A compilation

What is a consolidated version of a WA Act called on the Parliamentary Council's Office website?

A consolidated version

When must a researcher locate point-in-time legislation?

When a client is charged today for conduct that took place in the past, such as $3$ years ago, because criminal law does not operate retrospectively.

On the Federal Register of Legislation, what information is provided in EndNote $3$?

The names of amending acts, the years they were passed, the date of assent, and commencement dates.

In the context of the WA Parliamentary Council's Office website, which hyperlink provides information equivalent to EndNote $3$?

History of this act

What does being objective in legal writing involve?

Considering both sides of an argument and using evaluative judgment to identify which is strongest.

What is the difference between the logistical purpose and the substantive purpose of a legal document?

The logistical purpose is why you are writing, and the substantive purpose is what you are writing about.

How should the law be discussed in a letter of advice to a client?

It should be tailored to suit the intended reader to enable them to make an informed decision, avoiding excessive technical legal jargon.

Which legal professional is referenced by the lecturer as a pop-culture example of the "vibe" of the law?

Dennis DeNuto from "The Castle"