HASS Questions

Why is it important to set up new precedents?

Establishing new precedents is crucial because they provide a framework for future decisions, guide behavior, and help maintain consistency and fairness in legal and social matters.

How do common law and precedent work?

Common law is a legal system that relies on court decisions and precedents to guide judicial rulings.

Precedents are established through previous court cases and serve as a basis for making decisions in similar future cases.

How do courts develop and create laws?

Courts develop and create laws by interpreting statutes and applying legal precedents to resolve cases. Through their rulings, courts shape legal standards and principles that guide future decisions.

Recall roles of different judges(higher court and lower court) in setting precedent

Higher court judges establish binding precedents that lower courts must follow, while lower court judges apply these precedents to individual cases, contributing to the interpretation and evolution of the law.

Why’s it important for a judge to follow precedents?

Following precedents ensures consistency and predictability in the law, promotes stability in legal interpretations, and upholds the principle of fairness by treating similar cases alike.

Why’re precedents important?

Precedents are important because they provide legal consistency, guide judicial decision-making, and ensure that similar cases are treated alike, which upholds the rule of law.

Recall the split between state and federal jurisdictions

State and federal jurisdictions refer to the division of authority between state and national governments, determining the types of cases each can adjudicate, with states managing most criminal and civil matters, while federal courts deal with issues involving federal law, constitutional matters, and specific cases outlined by statute.

Why do we have lots of specialised jurisdictions?

Specialized jurisdictions exist to ensure that cases are handled by courts and judges with the relevant expertise, allowing for more informed decision-making and a more efficient legal process.

Why do specialised jurisdictions play a crucial role in our justice system?

Specialised jurisdictions are essential in our justice system as they allow cases to be heard by judges with specific legal knowledge and expertise. This enhances the quality of judgments and promotes efficiency in legal proceedings.

Differentiate between original and appellate jurisdiction

Original jurisdiction refers to the authority of a court to hear a case for the first time, while appellate jurisdiction is the authority of a court to review and possibly overturn the decision of a lower court.

Why do judges need legal reasoning?

Judges need legal reasoning to apply the law systemically and thoughtfully to the facts of a case, ensuring fair outcomes and adherence to legal principles.

Explain why we have branches of power?

Australia's government employs a separation of powers among the Legislative (law-making), Executive (law-enforcing), and Judiciary (law-interpreting) branches to ensure checks and balances, specialization, accountability, and the protection of rights, fostering a balanced and fair governance system.