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TOPIC 5 -The Role of the Courts Flashcards | StudBud
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TOPIC 5 -The Role of the Courts
TOPIC 5 -The Role of the Courts
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a quiz for students of WSU The College on the Australian court system
Flashcards
29 cards
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Questions
29
Answers
1
ADR is a method of resolving disputes without resorting to the formal court system
false
true
2
What courts make up the state court hierarchy?
Circuit, federal, High Court
Local, District, Supreme
Local, divisional, appellate
Intermediate, county, Supreme
3
In NSW, If a jury cannot agree after 8 hours a majority verdict can be taken
No, it is left up to the judge
only if it is 11:1
Only if there is a majority of 50%
No, the foreperson makes the final decision
4
Which of the following is a reason for the implementation of a court hierarchy?
it costs less
it allows the separation of powers to work
it allows the doctrine of precedent to operate
it is what our forefathers wanted
5
How many people sit on a jury in a criminal case?
15
7
12
8
6
The standard of proof required in a civil case is?
without a doubt
on the balance of probabilities
When the judge is satisfied
Beyond a reasonable doubt
7
What type of system of trial operates in Australia?
Constitutional
Federal
Inquisitorial
Adversarial
8
The two essential parts of a judge's decision are ratio decidendi and obiter dicta
false
true
9
Jurisdiction means the power or authority of a court
false
only for Commonwealth laws
true
Only for state laws
10
The standard of proof required in a criminal case is?
Beyond a reasonable doubt
More likely than not
on the balance of probabilities
If you say so
11
The super tribunal introduced in New South Wales is called NCAT
true
false
12
How many challenges does each side have in a jury trial?
6
3
20
12
13
Which of the following is a type of jurisdiction that can be administered by a court?
structural
appellate
authentic
contractual
14
A verdict of a jury can be appealed on a question of law
false
true
15
What is the decision of a jury is known as?
verdict
statement of account
A bad decision
announcement
16
A jury is a panel of citizens chosen at random to sit in judgment of their peers
Only in the 20th century
false
true
only in medieval times
17
Initially, all jurors must agree on a verdict
false
true
18
The ratio of a judge's decision forms the precedent
true
false
only in lower courts
only in higher courts
19
Lawyers can challenge a person sitting on a jury in two ways known as
pre -emptory and challenge for cause
primary and secondary
bias and age
ugliness and stupidity
20
What is an appeal?
something I would like
a complicated case
A run out on the cricket pitch
a request to review decision of court below
21
Who bears the burden of proof in a civil case?
Prosecution
Plaintiff
Accused
Defendant
22
A benefit of ADR is lower costs and faster resolution of disputes
true
false
23
Can you have a trial in New South Wales without a jury?
only for certain offences
no
yes
only if you ask nicely
24
The two verdicts open to a jury are GUILTY and NOT GUILTY
true
false
25
Who bears the burden of proof in a criminal case?
Plaintiff
Accused
Prosecution
Defendant
26
Which of the following is an example of an alternative dispute resolution method?
hearings
persuasiveness
referrals
mediation
27
How many people sit on a jury in a civil case?
8
12
15
4
28
Tribunals are bodies established to resolve particular types of disputes
false
true
29
A hierarchy is a ranking of courts according to power
true
false
no its a pyramid
there is no such thing
