18.4
Exercise
Learning pathways LEVEL1 1, 2, 3, 7
LEVEL2
LEVEL3
4, 5, 6
8, 9
REMEMBER AND UNDERSTAND 1. Identify the statement that best explains common law . A. Laws that are made by state and federal parliaments B. Laws that are made by the courts C. Laws that are made by local government D. Rules that are made at school 2. Identify the statement that best describes precedent . A. Laws that are made by local government B. A previous court decision that has a high degree of similarity to a case that is currently before the court C. Any decision that is heard in the Supreme Court D. Any decision that is made in the Magistrates Court 3. Identify three statements that are relevant to the case studies under the heading of Finders keepers. A. All cases concern lost items (of significant value). B. All cases have items that were never claimed. C. All cases involve common law. D. All cases involve ownership disputes. 4. List the courts in your state’s court hierarchy, from highest to lowest. 5. Explain where and how common law first developed. ANALYSE AND APPLY 6. Summarise how the judges in the case study Finders keepers made changes to the law. 7. Identify two things that could happen if a judge decided to ignore a precedent and make a completely new decision. A. The judge could be fined.
B. A new precedent could be set. C. The decision would be overruled.
D. An appeal to a higher court may be made. E. An appeal to a lower court may be made. EVALUATE AND COMMUNICATE
8. Many people argue that judges should not make law because they are not democratically elected, unlike members of parliament. Identify and explain one positive and one negative effect of judges making law through precedent. 9. The doctrine of precedent states that judges must apply a precedent established in a higher court in the same court hierarchy, but occasionally judges apply a precedent from a court in a different state or different country. Explain when and why this might occur. Answers and sample responses for this topic are available online.
538 Jacaranda Humanities Alive 8 Victorian Curriculum Third Edition
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